Constitutional Court Eases Procedural Burden By Annulling Key Mediation Rule

• Under Paragraph 11, Article 18/A of the Code of Mediation in Civil Disputes, parties who failed to attend the first mediation meeting without a valid excuse were responsible for all costs
• The court found that the provision imposed significant financial burdens on parties who did not attend mandatory mediation meetings, but were later found to be justified
• The provision was annulled as it disproportionately restricted rights and violated the Constitution

The Constitutional Court has annulled a provision whereby parties who failed to attend the first mediation meeting without a valid excuse were fully responsible for all the costs of the proceedings, even if they were justified in the case. The decision aims to ensure a fair balance of benefits for both parties during mediation proceedings, protecting them from excessive financial burdens.