Amendments Regarding Mediation Introduced by the 7th Judicial Package
"Law No. 7445 on the Amendment of the Execution and Bankruptcy Law and Certain Laws" (the “Law”) was published in the Official Gazette dated 05 April 2023 and numbered 32154.
The Law amended many laws, particularly the Enforcement and Bankruptcy Law, expanded the scope of cases subject to mandatory mediation as a precondition for litigation, and clarified the scope of mandatory mediation by separately detailing the types of cases applicable in order to prevent further debates. Some of the provisions introducing amendments to frequently encountered situations in practice are as follows.
The Law regulates that disputes regarding the transfer of immovable property and the establishment of limited real property rights are also eligible for mediation
With Article 17/B added to Law No. 6325 on Mediation in Civil Disputes, it is stipulated that disputes regarding the transfer of immovable property or the establishment of limited property rights on immovable property are eligible for mediation.
Mediation has become mandatory for disputes arising from lease agreements, disputes concerning the elimination of partnerships, and disputes concerning condominium ownership
- The scope of compulsory mediation has been expanded. Mediation is also regulated as a mandatory litigation requirement for:
- Disputes arising from lease agreements, except for provisions regarding the eviction of a tenant,
- Disputes regarding the division of movables and immovables and the dissolution of partnerships, and
- Disputes arising from the Condominium Code and from vicinity rights.
Mediation has become mandatory for the annulment of an objection, negative declaratory actions, and restitution lawsuits
Article 5/A of the Turkish Commercial Code titled "Mediation as a Condition for Litigation" states that lawsuit concerning the payment of a sum of money in the annulment of an objection, negative declaratory actions, and restitution lawsuits are now subject to mandatory mediation.
Mediation has become mandatory in the annulment of an objection, negative declaratory actions, and restitution cases filed by employees
According to the amendment made to Article 3 of the Labor Courts Code, in addition to lawsuits for employee or employer receivables and compensation claims based on the law and individual or collective labor agreement, mediation has now become a condition for lawsuits regarding the cancellation of objection, negative declaratory actions, and restitution cases related to these lawsuits.
The mediator must also inform the principals even if the parties are represented by attorneys
It has been regulated that the mediator must also inform the principals even if the parties are represented by attorneys.
The above-mentioned amendments regarding mandatory mediation will enter into force on 01.09.2023.
First published by Hergüner Bilgen Üçer Attorney Partnership, April 25, 2023