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ARTICLE · 06 DECEMBER 2023

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A New Era In Lease Disputes: Mandatory Mediation

ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law
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ELIG Gürkaynak Attorneys-at-Law

ELIG Gürkaynak Attorneys-at-Law

ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The...

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Economic crises and inflation occurring in recent years have led to the emergence of numerous new disputes arising from lease relationships and to an increase in existing disputes.

TurkeyLitigation, Mediation & Arbitration

1. Introduction

Economic crises and inflation occurring in recent years have led to the emergence of numerous new disputes arising from lease relationships and to an increase in existing disputes.

Therefore, in order to ensure the right to access justice and to reduce the caseload on the courts, the scope of mandatory mediation as a dispute resolution method has been expanded for certain disputes under Turkish law. According to the most recent amendments, disputes arising from lease relationships have also been included within the scope of mandatory mediation.

2. The concept of mediation

Mediation is defined in the Law on Mediation in Civil Disputes No. 6325 ("Law") as "A dispute resolution method conducted on a voluntary basis with the participation of an unbiased and independent third party with specialized training, who can bring the parties together to discuss and negotiate by applying systematic techniques, to establish a communication process between the

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