Mediation
"When is mediation mandatory in Turkish commercial disputes?"
Quick Answer
Mandatory mediation applies to many commercial, consumer, and employment disputes as a pre-condition to filing a lawsuit, but its scope depends on the dispute type, claim nature, and statutory exceptions. Where mandatory mediation applies, the claimant must apply to mediation before filing the lawsuit; otherwise, the court will generally reject/dismiss the case on procedural grounds due to the lack of a procedural pre-condition.
Dispute Resolution in Turkey
Mediation is a critical consideration for any business operating in or with Turkey. The Turkish legal system provides various mechanisms for resolving commercial disputes efficiently.
Key Points to Remember
- Mandatory mediation applies to many commercial disputes
- Turkish courts have specialized commercial divisions
- International arbitration is well-recognized and enforced
- Turkey is party to the New York Convention
Choosing the Right Approach
The choice between litigation, arbitration, and mediation depends on various factors including contract terms, relationship considerations, and enforcement concerns. International parties often prefer arbitration for cross-border disputes.
Proper dispute resolution clauses in contracts can significantly impact the efficiency and cost of resolving future disagreements.
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