As of 1 January 2018, it had been made mandatory to apply for
mediation for a number of labour law related disputes, before
commencing litigation.
Now, the Law on Initiating Proceedings Against Monetary
Receivables Arising Out of Subscription Agreements
("Law no 7155"), published in the
Official Gazette on 19 December 2018, bears a significance beyond
its purpose of setting out the procedures and principles regarding
the said proceedings, as it introduces amendments to the Turkish
Commercial Code. The said amendments provide that certain
commercial disputes are subject to mandatory mediation.
UNDER WHICH CIRCUMSTANCES SHALL MANDATORY MEDIATION APPLY?
- If the lawsuit is one of those
categorized as "commercial" under article 4 of the TCC or
under other laws