Principles of Mandatory Mediation in Commercial Disputes in Turkish Law with Determinations and Comments on its Applications

Abstract

Mediation is based on voluntariness, having developed in due course to eventually become widespread. Mandatory mediation has become an exception to voluntary mediation with the elimination of the principle of voluntariness. Mandatory mediation has been applied in Turkish law in the field of labour law since its acceptance with Article 3 of Law No. 7036 on Labour Courts. After the initial obtaining of successful results, it was accepted by the Turkish Commercial Code as well. In this study, various comments and evaluations are made regarding the principles and applications of the mandatory mediation model prescribed by the Turkish Commercial Code. Within the framework of these comments and evaluations, some explanations of relevant opinions are provided. We also consider whether mandatory mediation is in compliance with the general principles of commercial law.