With the Law published in the Official Gazette dated 19 December
2018 and numbered 30630, mediation was brought as a condition to
file a lawsuit for commercial receivables. Within this scope, some
provisions of the Turkish Commercial Code ("TCC") and the
Law on Mediation in Civil Disputes ("HUAK") have been
amended.
Before mentioning about these changes, it is useful to mention
about mediation institute. Mediation is a way of dispute resolution
which is implemented in Europe and U.S over 40 years. It is a
process in which the problem is solved by mutual negotiation with a
mediator and the parties who have a dispute that may be the subject
matter of a lawsuit. The most important result of this definition
is the difference of duties between the court and mediation.
Because judgment of a dispute in a court is given by the judge.
However, the mediator does not have such an authority in the
mediation system.
