{"id":141,"date":"2022-08-14T09:00:00","date_gmt":"2022-08-14T09:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/arabuluculuk-ticari-hayata-baris-getirecek\/"},"modified":"2026-09-29T16:27:58","modified_gmt":"2026-09-29T16:27:58","slug":"mediation-will-bring-peace-commercial-life","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/arabuluculuk-ticari-hayata-baris-getirecek\/","title":{"rendered":"Mediation Will Bring Peace to Commercial Life"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\">Prof. Dr. Ali Ye\u015fil\u0131rmak, faculty member at \u0130bn Haldun University Faculty of Law, stated that, with the <strong>\u201cMediation in Commercial Disputes\u201d<\/strong> which entered into force on 1 January, many disputes could be resolved out of court within a short time, and that mediation would bring peace to commercial life. In his written statement, Ye\u015fil\u0131rmak announced that mediation, which has been made a precondition to litigation in commercial disputes concerning receivables and compensation as well, began to apply as of 1 January 2019.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>The article is a news text presenting, through the explanations of Prof. Dr. Ali Ye\u015fil\u0131rmak, the practice of mediation in commercial disputes, which became a precondition for bringing an action as of 1 January 2019.<\/li>\n<li>With Law No. 7155, applying to a mediator before bringing an action became a precondition for actions concerning receivables and compensation claims whose subject is the payment of a sum of money.<\/li>\n<li>According to the explanation, applications are concluded within six weeks from the date the mediator is appointed; the mediator may extend the period by two weeks if necessary.<\/li>\n<li>To become a mediator, Turkish citizenship, a law degree, at least 5 years of professional experience, mediation training and success in the Ministry examinations are required.<\/li>\n<\/ul>\n<\/aside>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Currency note<\/p>\n<p>This article was prepared on the basis of the legislation and practice in force on the date of its publication. The article is a news text dating from 2019; there may have been amendments to the law and the tariff since then regarding the scope of commercial mediation, time limits, mediation fees and costs, and the requirements for becoming a mediator. You are advised to consult a lawyer regarding the current position.<\/p>\n<\/div>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#dava-sarti\">Mediation as a precondition to litigation in commercial disputes<\/a><\/li>\n<li><a href=\"#surec\">The commercial mediation process and time limits<\/a><\/li>\n<li><a href=\"#ucret\">Mediation fees and costs<\/a><\/li>\n<li><a href=\"#arabulucu-sartlari\">Requirements for Becoming a Mediator<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"dava-sarti\">\n<h2>Mediation as a Precondition to Litigation in Commercial Disputes<\/h2>\n<p>Ye\u015fil\u0131rmak said: &#8220;With Law No. 7155, applying to a mediator before bringing an action has been made a precondition for bringing an action in commercial disputes.<\/p>\n<p>For disputes concerning receivable and compensation claims whose subject is the payment of a sum of money, a mediator will first be applied to. If the dispute cannot be resolved in this way, an action may be filed with the original or a certified copy of the final report drawn up in the mediation process.&#8221; he stated.<\/p>\n<p>Stating that commercial disputes can be resolved through mediation under the current legal framework and that mediation will also bring peace to commercial life, Ye\u015fil\u0131rmak said that, although commercial disputes differ from employment disputes, a significant number of disputes are expected to be resolved by mediators.<\/p>\n<\/section>\n<section id=\"surec\">\n<h2>Commercial Mediation Process and Time Limits<\/h2>\n<p>Providing information on the mediation process in commercial cases, Ye\u015fil\u0131rmak stated the following:<\/p>\n<p>&#8220;In commercial disputes, applications will be made to the mediation office at the place where the court with jurisdiction over the subject matter of the dispute is located or, in places where no mediation office has been established, to the designated court registry. Applications will be concluded within six weeks from the date on which the mediator is appointed. If necessary, the mediator may extend this period by a further two weeks. The mediation activity will end where the parties cannot be reached, where no mediation meeting can be held because the parties do not attend, or where the parties reach or fail to reach an agreement at the end of the process. In this case, the mediator will draw up the final report and notify the mediation office.&#8221;<\/p>\n<p>The process described in the statement consists briefly of the following stages:<\/p>\n<ol class=\"pm-adimlar\">\n<li><strong>Application<\/strong><span>The application is made to the mediation office in the place where the competent court is located or, in places where no office has been established, to the designated court registry.<\/span><\/li>\n<li><strong>Time limit<\/strong><span>The application is concluded within six weeks of the date on which the mediator is appointed; if necessary, the period may be extended by two weeks.<\/span><\/li>\n<li><strong>Sona erme<\/strong><span>The process ends where the parties cannot be reached, the meeting cannot be held, or an agreement is or is not reached.<\/span><\/li>\n<li><strong>Son tutanak<\/strong><span>The mediator draws up the final report and notifies the mediation office.<\/span><\/li>\n<li><strong>Dava<\/strong><span>If the dispute cannot be resolved, an action may be filed with the original or a certified copy of the final report.<\/span><\/li>\n<\/ol>\n<\/section>\n<section id=\"ucret\">\n<h2>Mediation Fee and Expenses<\/h2>\n<p>Noting that the costs of the proceedings are regulated separately according to the outcome of the process, Ye\u015fil\u0131rmak continued:<\/p>\n<p>&#8220;If the parties reach an agreement at the end of the activity, the mediation fee will be borne equally according to the Minimum Fee Tariff for Mediation, unless otherwise agreed. In this case, the fee may not be less than the fee for two hours set out in the tariff. If the parties cannot be reached, no meetings can be held because the parties do not attend, or the parties are unable to reach an agreement after meetings lasting less than two hours, the fee for two hours will be paid from the budget of the Ministry of Justice. If the parties cannot reach an agreement after meetings lasting more than two hours, the fee for the part exceeding two hours will be borne equally by the parties unless otherwise agreed. Mandatory expenses incurred by the mediation office will be paid by the parties in accordance with the agreement if an agreement is reached. If no agreement is reached, the expenses will be covered from the Ministry&#8217;s budget, to be paid subsequently by the party found to be in the wrong.&#8221;<\/p>\n<p class=\"pm-tablo-baslik\" id=\"tablo-ucret\">Fees and expenses according to the outcome of the activity, as per the explanation<\/p>\n<div class=\"pm-tablo-kap\">\n<table class=\"pm-tablo\" aria-labelledby=\"tablo-ucret\">\n<thead>\n<tr>\n<th scope=\"col\">Outcome<\/th>\n<th scope=\"col\">Fees and costs<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<th scope=\"row\">If the parties reach agreement<\/th>\n<td>Unless otherwise agreed, the fee under the tariff is borne equally; it may not be less than the fee for two hours. Necessary costs are paid by the parties in accordance with the agreement.<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">If the parties cannot be reached, do not attend, or fail to agree in a meeting of less than two hours<\/th>\n<td>The fee for two hours is paid from the budget of the Ministry of Justice.<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">If no agreement is reached in a meeting of more than two hours<\/th>\n<td>Unless otherwise agreed, the part exceeding two hours is borne equally by the parties.<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">If no agreement is reached (costs)<\/th>\n<td>Costs are covered from the ministry\u2019s budget, to be paid later by the party found to be in the wrong.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<\/section>\n<section id=\"arabulucu-sartlari\">\n<h2>Requirements for Becoming a Mediator<\/h2>\n<p>Also referring to the requirements for becoming a mediator, Ye\u015fil\u0131rmak said: &#8220;To become a mediator, one must be a Turkish citizen, be a law faculty graduate with at least 5 years of professional experience, have full legal capacity and not have been convicted of an intentional offence, complete mediation training and pass the written and oral examinations of the Ministry of Justice.&#8221; Ye\u015fil\u0131rmak stated that applications for the Mediation Training offered at the Continuing Education Centre (\u0130HSEM) of \u0130bn Haldun University are still open.<\/p>\n<p>The requirements listed in the statement are as follows:<\/p>\n<ul class=\"pm-liste\">\n<li>Being a Turkish citizen<\/li>\n<li>Being a law faculty graduate with at least 5 years\u2019 experience in the profession<\/li>\n<li>Tam ehliyetli olmak<\/li>\n<li>Not having been convicted of an intentional offence<\/li>\n<li>Completing mediation training<\/li>\n<li>Passing the written and oral examinations of the Ministry of Justice<\/li>\n<\/ul>\n<p>The Mediation Training Certificate Programme, consisting of 14 modules, comprises 84 teaching hours. In this programme, which follows a training handbook prepared by an expert team commissioned by the Mediation Department of the Ministry of Justice, practical training aimed at developing the skills a mediator should have is provided alongside theoretical training. Applications and detailed information are available at https:\/\/ihsem.ihu.edu.tr\/temel-arabuluculuk-egitim-programi\/<\/p>\n<p class=\"pm-dipnot\">Source: AA (Anadolu Agency)<\/p>\n<\/section>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Mediation in Commercial Disputes: Frequently Asked Questions<\/h2>\n<details open>\n<summary>In which commercial disputes is mediation mandatory?<\/summary>\n<div>\n<p>Under the rules in force in 2019, when the article was written, Law No. 7155 made applying to a mediator before bringing an action a precondition to litigation in commercial disputes concerning receivables and compensation claims whose subject matter is the payment of a sum of money.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Where is an application for commercial mediation made?<\/summary>\n<div>\n<p>According to the explanation, the application is made to the mediation office in the place where the competent court for the subject of the dispute is located, or, where no office has been established, to the designated court registry.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How long does the mediation process take and how does it end?<\/summary>\n<div>\n<p>Under the rules in force when the article was written, applications are concluded within six weeks from the date the mediator is appointed and may be extended by two weeks if necessary. The process ends where the parties cannot be reached, the parties do not attend, or an agreement is or is not reached, and the mediator draws up the final report.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Who pays the mediation fee?<\/summary>\n<div>\n<p>A\u00e7\u0131klamaya g\u00f6re taraflar anla\u015f\u0131rsa \u00fccret, Arabuluculuk Asgari \u00dccret Tarifesi&#8217;ne g\u00f6re aksi kararla\u015ft\u0131r\u0131lmad\u0131k\u00e7a e\u015fit olarak kar\u015f\u0131lan\u0131r. Taraflara ula\u015f\u0131lamamas\u0131, kat\u0131lmama veya iki saatten k\u0131sa g\u00f6r\u00fc\u015fmede anla\u015f\u0131lamamas\u0131 h\u00e2linde iki saatlik \u00fccret Adalet Bakanl\u0131\u011f\u0131 b\u00fct\u00e7esinden \u00f6denir.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What are the requirements for becoming a mediator?<\/summary>\n<div>\n<p>The article lists the following requirements: being a Turkish citizen, holding a law degree and having at least 5 years of professional experience, having full capacity to act, not having been convicted of an intentional offence, completing mediation training, and passing the written and oral examinations of the Ministry of Justice.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about commercial mediation?<\/h2>\n<p>At UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal representation and advisory services in the field of mediation.<\/p>\n<p>Fill in the form and we will call you. You can also contact us directly:<\/p>\n<ul class=\"pm-kanal\">\n<li><a href=\"tel:+905365931600\">+90 536 593 16 00<\/a><\/li>\n<li><a href=\"mailto:bilgi@utuhukuk.com\">bilgi@utuhukuk.com<\/a><\/li>\n<\/ul>\n<\/div>\n<form class=\"pm-form\" data-alan=\"Arabuluculuk\" novalidate action=\"\">\n<div class=\"pm-alan\"><label for=\"pm-ad\">Full name *<\/label><input id=\"pm-ad\" name=\"ad\" type=\"text\" autocomplete=\"name\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-tel\">Phone *<\/label><input id=\"pm-tel\" name=\"tel\" type=\"tel\" autocomplete=\"tel\" inputmode=\"tel\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-mail\">Email<\/label><input id=\"pm-mail\" name=\"mail\" type=\"email\" autocomplete=\"email\"><\/div>\n<div class=\"pm-alan\"><label for=\"pm-konu\">Your situation in brief<\/label><textarea id=\"pm-konu\" name=\"konu\" rows=\"4\" placeholder=\"\u00d6rne\u011fin: Alaca\u011f\u0131m i\u00e7in dava a\u00e7madan \u00f6nce arabulucuya nas\u0131l ba\u015fvuraca\u011f\u0131m\u0131 \u00f6\u011frenmek istiyorum.\"><\/textarea><\/div>\n<div class=\"pm-bal\" aria-hidden=\"true\"><label for=\"pm-web\">Website<\/label><input id=\"pm-web\" name=\"website\" type=\"text\" tabindex=\"-1\" autocomplete=\"off\"><\/div>\n<p><label class=\"pm-onay\"><input name=\"kvkk\" type=\"checkbox\" required> <span>I consent to the processing of my personal data for this request and to being contacted.<\/span><\/label><br \/>\n<button type=\"submit\">Send request<\/button><\/p>\n<p class=\"pm-durum\" role=\"status\" aria-live=\"polite\">\n<input type=\"hidden\" name=\"trp-form-language\" value=\"en\"\/><\/form>\n<\/section>\n<footer class=\"pm-imza\">\n<div class=\"pm-imza-logo\" aria-hidden=\"true\">UTU<\/div>\n<div>\n<p class=\"pm-imza-ad\">UTU Hukuk ve Dan\u0131\u015fmanl\u0131k<\/p>\n<p>Since 2016 it has been providing legal and advisory services in Ankara in many areas, labour law in particular. <a href=\"https:\/\/utuhukuk.com\/en\/mediation\/\">Our mediation practice area \u2192<\/a><\/p>\n<p class=\"pm-uyari\">This article is for general information only and does not constitute legal advice. You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>\u0130bn Haldun \u00dcniversitesi Hukuk Fak\u00fcltesi \u00d6\u011fretim \u00dcyesi Prof. Dr. Ali Ye\u015fil\u0131rmak, 1 Ocak&#8217;tan itibaren y\u00fcr\u00fcrl\u00fc\u011fe giren &#8220;Ticari Davalarda Arabuluculuk\u2026<\/p>","protected":false},"author":1,"featured_media":428,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[],"class_list":["post-141","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-arabuluculuk"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/141","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=141"}],"version-history":[{"count":3,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/141\/revisions"}],"predecessor-version":[{"id":560,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/141\/revisions\/560"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/428"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=141"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=141"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=141"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}