In Turkey, the landscape of dispute resolution has witnessed a transformative journey, with mediation evolving from a voluntary mechanism to a mandatory process for certain types of disputes. The inception of Law No. 6325 on Mediation in Civil Disputes in 2012 marked the formal establishment of this alternative method. Over the years, Turkey has steadily broadened the scope of mandatory mediation, extending its reach to labor, commercial, and consumer disputes. This article delves into the significant development of mandatory mediation in Turkey and its recent expansion to cover a wider range of conflicts.
Mandatory Mediation’s New Frontiers
As of September 1, 2023, Turkey has taken a significant step by expanding the scope of mandatory mediation to include an array of disputes. Alongside labor, commercial, and consumer conflicts, this expansion now encompasses disputes arising from lease agreements, the division of movables and immovables, the elimination of joint ownership, as well as issues stemming from Condominium Law and neighboring rights. This extension of mandatory mediation aims to create a more inclusive and efficient platform for resolving disputes, providing individuals and businesses with an accessible and effective means of finding resolutions.
Mandatory Mediation: A Catalyst for Streamlined Resolution
Mandatory mediation is designed to streamline the dispute resolution process, offering an alternative to the traditional court route. This approach not only alleviates the burden on the court system but also fosters quicker resolutions, saving time and resources for all parties involved. By mandating mediation for specific types of conflicts, Turkey underscores its commitment to creating a more efficient and responsive legal ecosystem.
Singapore Convention and Cross-Border Enforcement
Turkey’s embrace of mandatory mediation aligns with its participation in the Singapore Convention on Mediation. This landmark convention enhances Turkey’s stature as an attractive destination for international trade and commerce. The convention facilitates the cross-border enforcement of settlement agreements, providing businesses operating in Turkey with a reliable framework for resolving disputes that may span multiple jurisdictions. This recognition and enforcement mechanism strengthen the confidence of international businesses, promoting seamless interactions and transactions between different markets.
Conclusion
Mandatory mediation’s evolution in Turkey from a voluntary option to a comprehensive process reflects the nation’s commitment to modernizing its dispute resolution mechanisms. The recent expansion of its scope signifies a proactive step toward addressing a broader array of conflicts in a swift and effective manner. As Turkey continues to build a robust legal infrastructure, its embrace of mandatory mediation and its participation in international conventions like the Singapore Convention further elevate its position as a favorable hub for businesses seeking efficient, cross-border dispute resolution solutions.
