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Law on Mediation in Civil Disputes (Law No. 6325)
CHAPTER ONE - Purpose, Scope and Definitions
Purpose and scope
ARTICLE 1 - (1) The purpose of this Law is to regulate the procedures and principles to be applied in the settlement of legal disputes through mediation.
(2) This Law shall be applied only in the resolution of private law disputes arising from business or transactions on which the parties can dispose freely, including those with foreign elements. However, disputes involving allegations of domestic violence are not suitable for mediation.
Definitions
ARTICLE 2 - (1) In the implementation of this Law;
a) Mediator: The real person who carries out the mediation activity and is registered in the registry of mediators organized by the Ministry,
b) Mediation: Those who bring together the parties in order to negotiate and negotiate by applying systematic techniques, establish a communication process between them in order to ensure that they understand each other and thereby produce solutions themselves, can also offer solutions in case the parties are found to be unable to produce solutions, who have received specialist training Dispute resolution method carried out optionally and with the participation of an impartial and independent third party,
c) Ministry: Ministry of Justice,
ç) Department: The Mediation Department to be established within the General Directorate of Legal Affairs,
d) General Directorate: General Directorate of Legal Affairs,
e) Administration: Administrations and institutions included in the tables numbered (I), (II), (III) and (IV) annexed to the Public Financial Management and Control Law numbered 10 dated 12/2003/5018, and local administrations defined in the Law numbered 5018 and Enterprises established by these administrations, other public institutions, boards, supreme boards and organizations established by special law, public economic enterprises and their subsidiaries, institutions and enterprises, other partnerships with more than fifty percent of the capital belonging to the public,
f) Board: Mediation Board,
g) Registry: It refers to the mediators registry.
CHAPTER TWO – Basic Principles of Mediation
Willpower and equality
ARTICLE 3 - (1) The parties are free to apply to the mediator, to continue the process, to conclude it or to abandon this process. However, the provision of article 18 / A on mediation is reserved as a case condition.
(2) The parties have equal rights both in applying to the mediator and throughout the whole process.
Privacy Policy
ARTICLE 4 - (1) Unless otherwise agreed by the parties, the mediator is obliged to keep confidential the information and documents and other records submitted to him or otherwise obtained within the framework of his mediation activity.
(2) Unless otherwise agreed, the parties and other persons participating in the negotiations must also comply with confidentiality on this matter.
Inability to use statements or documents
ARTICLE 5 - (1) The parties, the mediator or a third party, including those participating in the mediation, cannot put forward the following statements or documents as evidence and cannot testify about them, when a civil lawsuit is filed in relation to the dispute or when arbitration is resorted to:
a) Mediation invitation made by the parties or the request of a party to participate in the mediation activity.
b) The opinions and proposals put forward by the parties for the settlement of the dispute through mediation.
c) During the mediation activity, the proposals put forward by the parties or the acceptance of any fact or claim.
ç) Documents prepared solely for mediation activities.
(2) The provision of the first paragraph is applied regardless of the form of the statement or document.
(3) The disclosure of the information specified in the first paragraph cannot be requested by the court, arbitrator or any administrative authority. These statements or documents, contrary to the provisions in the first paragraph, cannot be taken as basis even if they are presented as evidence. However, such information may be disclosed to the extent required by a statutory provision or necessary for the implementation and execution of the agreement reached at the end of the mediation process.
(4) The above paragraphs are applied in civil litigation and arbitration regardless of whether they are relevant to the subject of mediation.
(5) Without prejudice to the limitations stated in the first paragraph, the evidence that can be put forward in civil action and arbitration does not become unacceptable evidence just because they are submitted in mediation.
CHAPTER THREE – Rights and Obligations of Mediators
Use of title
ARTICLE 6 - (1) Mediators registered in the registry have the right to use the title of mediator and the powers provided by this title.
(2) The mediator has to specify this title during the mediation activity.
(3) The Department is authorized to determine the areas of expertise of mediators and the procedures and principles regarding expertise.
To ask for fees and expenses
ARTICLE 7 - (1) The mediator has the right to demand fees and expenses for the activity he has done. The mediator may also request an advance payment for fees and expenses.
(2) Unless otherwise agreed, the fee of the mediator is determined according to the Mediation Minimum Wage Tariff in effect on the date the activity ends, and the fee and expense are covered equally by the parties.
(3) The mediator cannot receive a fee for mediating or recommending certain persons regarding the mediation process. Transactions contrary to this prohibition are false.
Meeting and communication with the parties
ARTICLE 8 - (1) The mediator may meet and communicate with each of the parties individually or together.
Performing the task with care and impartiality
ARTICLE 9 - (1) The mediator fulfills his duties diligently, impartially and personally.
(2) The person appointed as a mediator is obliged to inform the parties on this matter in the presence of important circumstances and conditions that require suspicion of his impartiality. In spite of this statement, if the parties request from the mediator together, the mediator can assume this duty or continue the task he has undertaken.
(3) The mediator is obliged to observe equality between the parties.
(4) The mediator cannot later act as the attorney of one of the parties in the lawsuit filed regarding the dispute in which he/she served in this capacity.
Advertising ban
ARTICLE 10 - (1) Mediators are prohibited from undertaking any attempt or action that can be regarded as advertisement in order to obtain a job, and to use adjectives other than mediator, lawyer and academic titles, especially on their signboards and printed papers.
Illumination of the parties
ARTICLE 11 - (1) The mediator is obliged to inform the parties about the principles, process and results of the mediation at the beginning of the mediation activity.
Payment of dues
ARTICLE 12 - (1) Entry fee and annual dues for each year are collected from the mediators.
(2) Entrance fee and annual dues are recorded as revenue in the general budget.
CHAPTER FOUR – Mediation Activity
Application to the mediator
ARTICLE 13 - (1) The parties may agree to apply to the mediator before the case is filed or during the trial. The court can also enlighten and encourage the parties to apply to the mediator.
(2) Unless otherwise agreed, if one of the parties does not respond positively to the application offer to the mediator within thirty days, this proposal shall be deemed rejected.
(3) The party who needs legal aid to cover the mediation fee may benefit from legal aid upon the decision of the civil court of peace where the mediation office is located. In this regard, articles 12 to 1 of the Code of Civil Procedure No. 2011 dated 6100/334/340 are applied by analogy.
Selection of the mediator
ARTICLE 14 - (1) Unless another procedure is decided, the mediator or mediators are elected by the parties.
Conducting mediation activity
ARTICLE 15 - (1) After being elected, the mediator invites the parties to the first meeting as soon as possible.
(2) The parties may freely decide on the mediation procedure provided that it does not contradict the mandatory rules of law.
(3) If not agreed by the parties, the mediator; It conducts mediation activities by taking into account the nature of the dispute, the wishes of the parties, and the procedures and principles required for the rapid resolution of the dispute.
(4) Due to its nature, the transactions that can only be done by the judge as the exercise of a judicial power cannot be done by the mediator.
(5) After the case is filed, if the parties declare that they will apply to the mediator together, the trial is postponed by the court for a maximum of three months. This period can be extended up to three months upon the joint application of the parties.
(6) Parties may participate in mediation negotiations in person, through their legal representatives or lawyers. Experts who can contribute to the resolution of the dispute may also be present in the negotiations.
(7) If it turns out that the parties cannot find a solution, the mediator may suggest a solution.
(8) In mediation negotiations, the administration is represented by a commission consisting of two members determined by the senior manager and the head of the legal unit or a lawyer or legal advisor to be determined by him. The commission prepares a reasoned report at the end of the mediation negotiations and keeps it for five years.
(9) Compensation lawsuits to be filed by the members of the Commission due to the work they have done and the decisions they have taken within the scope of mediation activities can only be filed against the State. The State has recourse against the members who abuse their duties by acting contrary to the requirements of their duties, within one year from the date of payment, for the compensation paid.
(10) The procedures and principles regarding the implementation of this article are regulated by the regulation put into force by the Ministry.
The initiation of the mediation process and its effect on time periods
ARTICLE 16 - (1) The mediation process starts from the date the parties are invited to the first meeting and an agreement is reached between the parties and the mediator regarding the continuation of the process and this situation is documented in a report, in case of an application to a mediator before a lawsuit is filed. In the case of an application to a mediator after the filing of a lawsuit, this process starts from the date the parties accept the invitation of the court to mediation or the parties declare in writing outside the hearing that they have agreed to apply to mediation, or when these statements are recorded in the minutes of the hearing.
(2) The time passed from the commencement of the mediation process until its end is not taken into account in the calculation of the statute of limitations and periods of reduction of rights.
Termination of mediation
ARTICLE 17 - (1) Mediation activity ends in the following cases:
a) The parties reach an agreement.
b) If, after consultation with the parties, the mediator determines that further efforts to mediate are unnecessary.
c) One of the parties informs the other party or the mediator that he withdraws from the mediation activity.
ç) Parties agree to terminate the mediation activity.
d) It is determined that the dispute is not suitable for mediation.
(2) At the end of the mediation activity, it is documented with a report that the parties agree, disagree or how the mediation activity is concluded. This document to be issued by the mediator is signed by the mediator, the parties, their legal representatives or their lawyers. If the document is not signed by the parties, their legal representatives or their lawyers, it is signed only by the mediator, stating the reason. (1)
(3) The parties decide what matters will be written in the minutes drawn up at the end of the mediation activity, other than the conclusion of the activity. The mediator makes the necessary explanations to the parties about this report and its results, and if the parties are not ready, he informs the parties who are not present by using all kinds of communication means.
(4) In case of termination of the mediation activity, the mediator is obliged to keep the notification made to him regarding this activity, the documents deposited and in his possession, and the report issued according to the second paragraph for a period of five years. The mediator sends a copy of the last minute drawn up at the end of the mediation activity to the General Directorate within one month following the end of the mediation activity.
Execution of international peace agreement documents
ARTICLE 17 / A- (1) Within the scope of the Agreement adopted by the Law on the Approval of the United Nations Convention on International Settlement Agreements as a Result of Mediation, dated 25/2/2021 and numbered 7282, an annotation of enforceability must be obtained from the commercial court of first instance in order to fulfill the peace agreement documents drawn up as a result of mediation.
(2) An annotation of enforceability may be requested from the court of the place agreed by the parties, from the court of the other party's place of residence in Turkey, from the court of the place of residence, if there is no domicile or a place of residence in Turkey, from one of the courts of Ankara, Istanbul or Izmir, respectively. .
(3) The examination regarding the issuance of the enforceability annotation is made over the file, in accordance with the provisions of the Contract and Article 18. If necessary, the court may hold a hearing by showing its justification.
Mediation in disputes regarding the transfer of the immovable or the establishment of limited real rights on the immovable
Mediation in disputes regarding the transfer of the immovable or the establishment of limited real rights on the immovable
ARTICLE 17/B- (1) Disputes regarding the transfer of the immovable or the establishment of limited real rights on the immovable are suitable for mediation.
(2) In disputes within the scope of the first paragraph, if the parties agree in writing and the mediator records this decision, an annotation is made in the land registry, at the request of the mediator, that the power of disposition is restricted, limited to the mediation process and not exceeding three months from the date of its placement. This annotation is lifted automatically at the end of the three-month period, upon the request of the mediator, in case the parties fail to agree or the parties agree on the removal of the annotation.
(3) If the parties come to an agreement at the end of the mediation process, the agreement document is drawn up by observing the restrictions in the laws, procedures and principles regarding the transfer of the immovable or the establishment of limited real rights on the immovable.
(4) It is obligatory to receive an annotation regarding the enforceability of the agreement document, and this annotation is obtained from the magistrates' court of the place where the immovable is located. In its examination, the court checks the content of the agreement, whether it is suitable for mediation and forced execution, and whether the limitations, procedures and principles in the laws regarding the transfer of the immovable or the establishment of limited real rights on the immovable are complied with; In this context, it may request information or documents from institutions or organizations and open a hearing when necessary.
(5) The provisions of Article 18 shall apply to other matters related to the issuance of annotation regarding the enforceability of the agreement document.
Kaynak: https://av-saimincekas.com/en/laws/mediation-law-in-civil-disputes/
Purpose and scope
ARTICLE 1 - (1) The purpose of this Law is to regulate the procedures and principles to be applied in the settlement of legal disputes through mediation.
(2) This Law shall be applied only in the resolution of private law disputes arising from business or transactions on which the parties can dispose freely, including those with foreign elements. However, disputes involving allegations of domestic violence are not suitable for mediation.
Definitions
ARTICLE 2 - (1) In the implementation of this Law;
a) Mediator: The real person who carries out the mediation activity and is registered in the registry of mediators organized by the Ministry,
b) Mediation: Those who bring together the parties in order to negotiate and negotiate by applying systematic techniques, establish a communication process between them in order to ensure that they understand each other and thereby produce solutions themselves, can also offer solutions in case the parties are found to be unable to produce solutions, who have received specialist training Dispute resolution method carried out optionally and with the participation of an impartial and independent third party,
c) Ministry: Ministry of Justice,
ç) Department: The Mediation Department to be established within the General Directorate of Legal Affairs,
d) General Directorate: General Directorate of Legal Affairs,
e) Administration: Administrations and institutions included in the tables numbered (I), (II), (III) and (IV) annexed to the Public Financial Management and Control Law numbered 10 dated 12/2003/5018, and local administrations defined in the Law numbered 5018 and Enterprises established by these administrations, other public institutions, boards, supreme boards and organizations established by special law, public economic enterprises and their subsidiaries, institutions and enterprises, other partnerships with more than fifty percent of the capital belonging to the public,
f) Board: Mediation Board,
g) Registry: It refers to the mediators registry.
CHAPTER TWO – Basic Principles of Mediation
Willpower and equality
ARTICLE 3 - (1) The parties are free to apply to the mediator, to continue the process, to conclude it or to abandon this process. However, the provision of article 18 / A on mediation is reserved as a case condition.
(2) The parties have equal rights both in applying to the mediator and throughout the whole process.
Privacy Policy
ARTICLE 4 - (1) Unless otherwise agreed by the parties, the mediator is obliged to keep confidential the information and documents and other records submitted to him or otherwise obtained within the framework of his mediation activity.
(2) Unless otherwise agreed, the parties and other persons participating in the negotiations must also comply with confidentiality on this matter.
Inability to use statements or documents
ARTICLE 5 - (1) The parties, the mediator or a third party, including those participating in the mediation, cannot put forward the following statements or documents as evidence and cannot testify about them, when a civil lawsuit is filed in relation to the dispute or when arbitration is resorted to:
a) Mediation invitation made by the parties or the request of a party to participate in the mediation activity.
b) The opinions and proposals put forward by the parties for the settlement of the dispute through mediation.
c) During the mediation activity, the proposals put forward by the parties or the acceptance of any fact or claim.
ç) Documents prepared solely for mediation activities.
(2) The provision of the first paragraph is applied regardless of the form of the statement or document.
(3) The disclosure of the information specified in the first paragraph cannot be requested by the court, arbitrator or any administrative authority. These statements or documents, contrary to the provisions in the first paragraph, cannot be taken as basis even if they are presented as evidence. However, such information may be disclosed to the extent required by a statutory provision or necessary for the implementation and execution of the agreement reached at the end of the mediation process.
(4) The above paragraphs are applied in civil litigation and arbitration regardless of whether they are relevant to the subject of mediation.
(5) Without prejudice to the limitations stated in the first paragraph, the evidence that can be put forward in civil action and arbitration does not become unacceptable evidence just because they are submitted in mediation.
CHAPTER THREE – Rights and Obligations of Mediators
Use of title
ARTICLE 6 - (1) Mediators registered in the registry have the right to use the title of mediator and the powers provided by this title.
(2) The mediator has to specify this title during the mediation activity.
(3) The Department is authorized to determine the areas of expertise of mediators and the procedures and principles regarding expertise.
To ask for fees and expenses
ARTICLE 7 - (1) The mediator has the right to demand fees and expenses for the activity he has done. The mediator may also request an advance payment for fees and expenses.
(2) Unless otherwise agreed, the fee of the mediator is determined according to the Mediation Minimum Wage Tariff in effect on the date the activity ends, and the fee and expense are covered equally by the parties.
(3) The mediator cannot receive a fee for mediating or recommending certain persons regarding the mediation process. Transactions contrary to this prohibition are false.
Meeting and communication with the parties
ARTICLE 8 - (1) The mediator may meet and communicate with each of the parties individually or together.
Performing the task with care and impartiality
ARTICLE 9 - (1) The mediator fulfills his duties diligently, impartially and personally.
(2) The person appointed as a mediator is obliged to inform the parties on this matter in the presence of important circumstances and conditions that require suspicion of his impartiality. In spite of this statement, if the parties request from the mediator together, the mediator can assume this duty or continue the task he has undertaken.
(3) The mediator is obliged to observe equality between the parties.
(4) The mediator cannot later act as the attorney of one of the parties in the lawsuit filed regarding the dispute in which he/she served in this capacity.
Advertising ban
ARTICLE 10 - (1) Mediators are prohibited from undertaking any attempt or action that can be regarded as advertisement in order to obtain a job, and to use adjectives other than mediator, lawyer and academic titles, especially on their signboards and printed papers.
Illumination of the parties
ARTICLE 11 - (1) The mediator is obliged to inform the parties about the principles, process and results of the mediation at the beginning of the mediation activity.
Payment of dues
ARTICLE 12 - (1) Entry fee and annual dues for each year are collected from the mediators.
(2) Entrance fee and annual dues are recorded as revenue in the general budget.
CHAPTER FOUR – Mediation Activity
Application to the mediator
ARTICLE 13 - (1) The parties may agree to apply to the mediator before the case is filed or during the trial. The court can also enlighten and encourage the parties to apply to the mediator.
(2) Unless otherwise agreed, if one of the parties does not respond positively to the application offer to the mediator within thirty days, this proposal shall be deemed rejected.
(3) The party who needs legal aid to cover the mediation fee may benefit from legal aid upon the decision of the civil court of peace where the mediation office is located. In this regard, articles 12 to 1 of the Code of Civil Procedure No. 2011 dated 6100/334/340 are applied by analogy.
Selection of the mediator
ARTICLE 14 - (1) Unless another procedure is decided, the mediator or mediators are elected by the parties.
Conducting mediation activity
ARTICLE 15 - (1) After being elected, the mediator invites the parties to the first meeting as soon as possible.
(2) The parties may freely decide on the mediation procedure provided that it does not contradict the mandatory rules of law.
(3) If not agreed by the parties, the mediator; It conducts mediation activities by taking into account the nature of the dispute, the wishes of the parties, and the procedures and principles required for the rapid resolution of the dispute.
(4) Due to its nature, the transactions that can only be done by the judge as the exercise of a judicial power cannot be done by the mediator.
(5) After the case is filed, if the parties declare that they will apply to the mediator together, the trial is postponed by the court for a maximum of three months. This period can be extended up to three months upon the joint application of the parties.
(6) Parties may participate in mediation negotiations in person, through their legal representatives or lawyers. Experts who can contribute to the resolution of the dispute may also be present in the negotiations.
(7) If it turns out that the parties cannot find a solution, the mediator may suggest a solution.
(8) In mediation negotiations, the administration is represented by a commission consisting of two members determined by the senior manager and the head of the legal unit or a lawyer or legal advisor to be determined by him. The commission prepares a reasoned report at the end of the mediation negotiations and keeps it for five years.
(9) Compensation lawsuits to be filed by the members of the Commission due to the work they have done and the decisions they have taken within the scope of mediation activities can only be filed against the State. The State has recourse against the members who abuse their duties by acting contrary to the requirements of their duties, within one year from the date of payment, for the compensation paid.
(10) The procedures and principles regarding the implementation of this article are regulated by the regulation put into force by the Ministry.
The initiation of the mediation process and its effect on time periods
ARTICLE 16 - (1) The mediation process starts from the date the parties are invited to the first meeting and an agreement is reached between the parties and the mediator regarding the continuation of the process and this situation is documented in a report, in case of an application to a mediator before a lawsuit is filed. In the case of an application to a mediator after the filing of a lawsuit, this process starts from the date the parties accept the invitation of the court to mediation or the parties declare in writing outside the hearing that they have agreed to apply to mediation, or when these statements are recorded in the minutes of the hearing.
(2) The time passed from the commencement of the mediation process until its end is not taken into account in the calculation of the statute of limitations and periods of reduction of rights.
Termination of mediation
ARTICLE 17 - (1) Mediation activity ends in the following cases:
a) The parties reach an agreement.
b) If, after consultation with the parties, the mediator determines that further efforts to mediate are unnecessary.
c) One of the parties informs the other party or the mediator that he withdraws from the mediation activity.
ç) Parties agree to terminate the mediation activity.
d) It is determined that the dispute is not suitable for mediation.
(2) At the end of the mediation activity, it is documented with a report that the parties agree, disagree or how the mediation activity is concluded. This document to be issued by the mediator is signed by the mediator, the parties, their legal representatives or their lawyers. If the document is not signed by the parties, their legal representatives or their lawyers, it is signed only by the mediator, stating the reason. (1)
(3) The parties decide what matters will be written in the minutes drawn up at the end of the mediation activity, other than the conclusion of the activity. The mediator makes the necessary explanations to the parties about this report and its results, and if the parties are not ready, he informs the parties who are not present by using all kinds of communication means.
(4) In case of termination of the mediation activity, the mediator is obliged to keep the notification made to him regarding this activity, the documents deposited and in his possession, and the report issued according to the second paragraph for a period of five years. The mediator sends a copy of the last minute drawn up at the end of the mediation activity to the General Directorate within one month following the end of the mediation activity.
Execution of international peace agreement documents
ARTICLE 17 / A- (1) Within the scope of the Agreement adopted by the Law on the Approval of the United Nations Convention on International Settlement Agreements as a Result of Mediation, dated 25/2/2021 and numbered 7282, an annotation of enforceability must be obtained from the commercial court of first instance in order to fulfill the peace agreement documents drawn up as a result of mediation.
(2) An annotation of enforceability may be requested from the court of the place agreed by the parties, from the court of the other party's place of residence in Turkey, from the court of the place of residence, if there is no domicile or a place of residence in Turkey, from one of the courts of Ankara, Istanbul or Izmir, respectively. .
(3) The examination regarding the issuance of the enforceability annotation is made over the file, in accordance with the provisions of the Contract and Article 18. If necessary, the court may hold a hearing by showing its justification.
Mediation in disputes regarding the transfer of the immovable or the establishment of limited real rights on the immovable
Mediation in disputes regarding the transfer of the immovable or the establishment of limited real rights on the immovable
ARTICLE 17/B- (1) Disputes regarding the transfer of the immovable or the establishment of limited real rights on the immovable are suitable for mediation.
(2) In disputes within the scope of the first paragraph, if the parties agree in writing and the mediator records this decision, an annotation is made in the land registry, at the request of the mediator, that the power of disposition is restricted, limited to the mediation process and not exceeding three months from the date of its placement. This annotation is lifted automatically at the end of the three-month period, upon the request of the mediator, in case the parties fail to agree or the parties agree on the removal of the annotation.
(3) If the parties come to an agreement at the end of the mediation process, the agreement document is drawn up by observing the restrictions in the laws, procedures and principles regarding the transfer of the immovable or the establishment of limited real rights on the immovable.
(4) It is obligatory to receive an annotation regarding the enforceability of the agreement document, and this annotation is obtained from the magistrates' court of the place where the immovable is located. In its examination, the court checks the content of the agreement, whether it is suitable for mediation and forced execution, and whether the limitations, procedures and principles in the laws regarding the transfer of the immovable or the establishment of limited real rights on the immovable are complied with; In this context, it may request information or documents from institutions or organizations and open a hearing when necessary.
(5) The provisions of Article 18 shall apply to other matters related to the issuance of annotation regarding the enforceability of the agreement document.
Kaynak: https://av-saimincekas.com/en/laws/mediation-law-in-civil-disputes/
Agreement of the parties
ARTICLE 18 - (1) The scope of the agreement reached at the end of the mediation activity is determined by the parties; In case of an agreement document, this document is signed by the parties and the mediator.
(2) If the parties reach an agreement at the end of the mediation activity, they may request an annotation regarding the enforceability of this agreement document. If mediation is sought before the case is filed, an annotation on the enforceability of the agreement can be requested from the civil court of peace where the mediator works. If mediation is applied during the trial of the case, an annotation on the enforceability of the agreement can be requested from the court where the case is heard. The agreement containing this annotation is deemed a document in the quality of a verdict. (2)
(3) The issuance of an enforceable annotation is a matter of uncontested jurisdiction, and the examination regarding this is done through the file. However, in disputes related to family law that are suitable for mediation, the examination is held with a hearing. The scope of this review is limited to whether the content of the agreement is suitable for mediation and enforcement. In case of appeal by the relevant party against the application to be made to the court for issuing an annotation of enforceability to the agreement document and the decisions to be taken thereon, a fixed fee is charged. If the parties want to use the agreement document in another official transaction without giving an annotation of enforceability, the stamp duty is also collected as fixed. (2)
(4) Except for cases where an enforceability annotation is required by law, the agreement document signed jointly by the parties, their lawyers and the mediator, and in case of commercial disputes, the lawyers and the mediator, is deemed to be a document in the nature of a judgment, without requiring an enforceability annotation.
(5) If an agreement is reached at the end of the mediation activity, the parties cannot file a lawsuit regarding the agreed issues.
SECTION FIVE – Mediation as a Condition of Litigation
Mediation as a condition of action
ARTICLE 18 / A- (1) If the application of the mediator in the relevant laws is accepted as a condition of the case, the following provisions are applied to the mediation process.
(2) The plaintiff has to attach the original of the final report or a copy approved by the mediator to the petition, indicating that no agreement could be reached at the end of the mediation activity. If this requirement is not complied with, the court sends an invitation to the plaintiff, warning that the final report must be submitted to the court within a one-week deadline, otherwise the case will be dismissed out of procedure. If the requirement of the warning is not fulfilled, it is decided to reject the lawsuit on procedural basis without the notification of the petition to the other party. If it is understood that a lawsuit has been filed without resorting to a mediator, the lawsuit is dismissed procedural due to the absence of any legal action.
(3) The Department lists the registered mediators who want to mediate pursuant to this article, specifying their areas of expertise, if any, according to the justice commissions of the first-instance court of the judiciary they want to serve, and notifies the relevant commission presidencies of the lists. The committee chairs send these lists to the mediation offices in their jurisdictions, and in places where no mediation office is established, to the registry office of the civil court of peace they will assign.
(4) Depending on the subject of the dispute, the application is made to the mediation office where the competent court is located, and to the managing editor in places where a mediation office is not established.
(5) The mediator is determined by the bureau from the list notified to the heads of the commission. However, if the parties agree on any mediator on the list, this mediator is appointed.
(6) The applicant party shall submit to the mediation office all kinds of contact information belonging to itself and, if it has, the other party. The office is also authorized to search for the contact information of the parties in the official records. Relevant institutions and organizations are obliged to provide the information and documents requested by the office.
(7) The contact information of the parties is given to the appointed mediator by the bureau. The mediator is based on this contact information, and can also conduct research on his own when he needs it. It informs the parties about the assignment and invites them to the first meeting by using all kinds of communication means based on the information in hand. Even if he has a lawyer, he also informs the main party. It binds the information and invitation related transactions to the document.
(8) The mediator cannot automatically take into account whether the office making the appointment is authorized or not. The other party may object to the authority of the mediation office at the first meeting at the latest by submitting documents regarding authorization. In this case, the mediator immediately submits the file to the office to be sent to the relevant court of law. After the examination to be made over the file without charge, the court shall make a final decision within one week at the latest and return the file to the office. The decision of the court is notified to the parties by the office in accordance with the provisions of the Notification Law No. 11 dated 2/1959/7201. In case the objection of authorization is rejected, the same mediator is re-appointed and the periods specified in the ninth paragraph start from the new appointment date. In case the objection of authorization is accepted, application can be made to the authorized office within one week from the notification of the decision. In this case, the date of application to the unauthorized office is accepted as the date of application to the authorized office. The authorized office appoints a mediator in accordance with the fifth paragraph.
(9) The mediator finalizes the application within three weeks from the date of assignment. This period can be extended by a maximum of one week by the mediator in compulsory cases.
(10) Mediator; In the event that the parties cannot be reached or the meeting cannot be held because the parties do not participate, or the parties agree or the parties cannot agree, the mediation activity is terminated and the final report is prepared and immediately reported to the mediation office.
(11) In the event that the mediation activity ends due to the failure of one of the parties to attend the first meeting without a valid excuse, the party that did not attend the meeting is stated in the final report and this party is held responsible for the entire cost of the trial, even if it is partially or fully justified in the case. In addition, no attorney's fee shall be awarded in favor of this party. In cases to be filed after the mediation activity ended due to the failure of both parties to attend the first meeting, the litigation expenses incurred by the parties are left on their own responsibility.
(12) If the parties agree at the end of the mediation activity, the mediation fee shall be equally paid by the parties, unless otherwise agreed, according to the Second Part of the Mediation Fee Tariff annexed to the Mediation Minimum Fee Tariff. In this case, the fee may not be less than the two hourly rate specified in Part One of the Tariff.
(13) In the event that the parties cannot be reached at the end of the mediation activity, the parties cannot be interviewed because the parties do not participate, or the parties cannot agree at the end of the negotiations lasting less than two hours, the two-hour fee is paid from the budget of the Ministry of Justice in accordance with the First Part of the Tariff. In the event that the parties cannot agree at the end of the negotiations lasting more than two hours, the fee for the part exceeding two hours shall be paid according to the First Part of the Tariff, taking into account the subject of the dispute equally, unless otherwise agreed. The mediation fee paid from the budget of the Ministry of Justice and covered by the parties is counted among the trial expenses.
(14) The essential expenses that must be incurred by the mediation office pursuant to this article; In the event that an agreement is reached at the end of the mediation activity, it will be paid by the parties in accordance with the agreement, and in case of failure to reach an agreement, it will be collected from the budget of the Ministry of Justice to be collected from the future unfair party.
(15) In the period between the application to the mediation office and the date when the last minute is issued, the statute of limitations stops and the period of deprivation of rights does not run.
(16) In case of an interim injunction decision before filing a lawsuit, the period of filing a lawsuit regulated in the first paragraph of Article 6100 of the Law No. 397, and in the first paragraph of Article 9 of the Execution and Bankruptcy Law dated 6/1932/2004 and numbered 264, in the case of a provisional attachment decision, mediation from the application to the office until the last minute is drawn up. After the application to the mediation office, in case of an enforcement proceeding against the applicant party regarding the issue of dispute, if the applicant party files a negative declaratory action pursuant to Article 2004 of the Law No. The second paragraph of the article is applied.
(17) Mediation negotiations are conducted within the jurisdiction of the justice commission of the first instance court to which the office that appointed the mediator is affiliated, unless otherwise agreed by the parties.
(18) In cases where there is an obligation to resort to arbitration or other alternative dispute resolution in special laws or where there is an arbitration agreement, the provisions regarding mediation shall not apply as a condition of litigation.
(19) Special provisions regarding mediation accepted as a case condition in the relevant laws are reserved.
(20) In cases where there is no provision in this section, other provisions of this Law are applied to the extent that they are suitable for their nature.
Mediation as a condition of litigation in some disputes
ARTICLE 18/B- (1) In the following disputes, it is a condition to apply to a mediator before filing a lawsuit:
a) Disputes arising from the rental relationship, excluding the provisions regarding the evacuation of the leased immovables by execution without judgment pursuant to the Law No. 2004.
b) Disputes regarding the allocation of movables and immovables and the dissolution of partnership.
c) Disputes arising from the Property Ownership Law No. 23 dated 6/1965/634.
ç) Disputes arising from the right of neighbor.
(2) If the parties come to an agreement at the end of the mediation process, the agreement document is drawn up by observing the restrictions in the laws and procedures and principles regarding the real estate.
(3) It is obligatory to take an annotation regarding the enforceability of the agreement document issued within the scope of this article, and this annotation is obtained from the peace court of the place where the real estate is located in terms of agreement documents related to the real estate, and the place where the mediator works for other agreement documents. The court inspects the content of the agreement in terms of the agreement documents regarding the real estate, whether it is suitable for mediation and enforcement, and whether the restrictions, procedures and principles in the laws regarding the real estate are followed; In this context, it may request information or documents from institutions or organizations and open a hearing when necessary.
(4) The provisions of Article 18 shall apply to other matters related to the issuance of annotation regarding the enforceability of the agreement document.
CHAPTER SIX – Registry of Mediators
Keeping a record of mediators
ARTICLE 19 - (1) The Department keeps the registry of persons who have gained the authority to mediate in private law disputes. Information on the persons in this registry is also announced electronically by the Department.
(2) The procedures and principles regarding the registration of mediators shall be regulated by a regulation to be prepared by the Ministry.
Conditions for registration in the registry of mediators
ARTICLE 20 - (1) Registration in the registry is made upon the written application of the concerned to the Head of Department.
(2) In order to be recorded in the registry of mediators;
a) Being a Turkish citizen,
b) Being a graduate of a law faculty with at least five years of seniority in the profession,
c) To be fully qualified,
ç) Even if the periods specified in Article 26 of the Turkish Penal Code No. 9 dated 2004/5237/53 have passed; Crimes against the security of the State, crimes against the Constitutional order and the functioning of this order, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, even if the person has been sentenced to imprisonment for more than one year or pardoned for a crime committed intentionally, Not to be convicted of the crimes of bid rigging, tampering with the performance of an act, laundering or smuggling of assets resulting from crime, acting as an untruthful expert witness, false testimony and perjury,
d) Not to be associated or affiliated with terrorist organizations,
e) It is necessary to complete mediation training and be successful in the written exam held by the Ministry.
(3) The mediator can start its activities as of the date of registration.
(4) The Department lists the registered mediators according to the justice commissions of the first instance court where they wish to serve and sends the lists to the relevant commission chairmen. A mediator may register for a maximum of three commission lists.
Deletion from the registry of mediators
ARTICLE 21 - (1) The Department cancels the registration of a mediator who is registered even though he / she does not meet the conditions required for mediation or who later loses these conditions.
(2) The Department will warn the mediator, in writing, that he has not fulfilled the obligations stipulated by this Law; In case of failure to comply with this warning, after receiving the defense of the mediator, if necessary, requests the Board to delete his / her name from the registry.
(3) The mediator can always request to be deleted from the registry of mediators.
CHAPTER SEVEN – Mediation Training and Training Institutions
Mediation training
ARTICLE 22 - (1) Mediation training refers to the training received after the completion of the law school, which includes basic information about the conduct of the mediation activity, communication techniques, negotiation and dispute resolution methods, behavioral psychology and other theoretical and practical knowledge to be shown in the regulation.
Allowing educational establishments
ARTICLE 23 - (1) The mediation training, on-site law faculties of universities with law schools, the Bar Association of Turkey and Turkey is given by the Justice Academy. These organizations can provide training with the permission of the Ministry. The list of permitted educational institutions is published electronically.
(2) Written application is made for permission. In this application, justified information is given about the training program, the number and expertise of the trainers, and the funding sources of the training institution or training program.
(3) Based on the documents submitted in the application, if it is determined that the education will reach its purpose and the continuity of the educational activities will be ensured in the educational institutions, the relevant training institution is allowed for a maximum of three years.
Extension of the leave period
ARTICLE 24 - (1) An educational institution registered in the registry may request in writing to extend the validity period of its registration in the registry, at the earliest one year and at the latest three months before the end of the registration period. In cases where it is understood from the reports submitted by the training institution in accordance with Article 26 that the mediation training continues successfully and there are no reasons specified in Article 27, the validity period of the given permission may be extended for three years at a time. The educational institution remains registered on the list until a decision is made on its application within the deadline.
Mediation authorization document
ARTICLE 25 - (1) Educational institutions issue a document stating that they have completed their mediation training to those who have successfully completed their training.
Obligation to inform the Department
ARTICLE 26 - (1) Educational institutions submit a report to the Head of Department every year in January regarding the scope, content and success of the training activity they carried out in the previous year.
Cancellation of permission given to the educational institution
ARTICLE 27 - (1) The permission given to the training institution in the following cases is canceled by the Board upon the request of the Ministry:
a) One of the conditions sought for permission has been eliminated or it has been determined that it does not exist.
b) Insufficient training provided.
c) Forgery or significant mistakes in the issuance of mediation authorization documents.
ç) Failure to fulfill the reporting obligation in Article 26 despite a warning.
d) It is determined that the continuity of the training activity is not ensured.
CHAPTER EIGHT – Establishment and Duties
Establishment and organization
ARTICLE 28 - (1) A Department Presidency is established within the General Directorate to fulfill the duties specified in this Law.
(2) In order to fulfill the duties specified in this Law regarding mediation services, a Mediation Board is established within the Ministry.
(3) Mediation offices are established in courthouses deemed appropriate by the Ministry in order to inform those who apply for mediation, to assign mediators and to fulfill other duties assigned by law. A chief editor and sufficient personnel are appointed by the justice commission of the court of first instance to work exclusively in these offices. Mediation offices function under the supervision and control of the civil judge of peace determined by the Council of Judges and Prosecutors. In places where mediation offices are not established, the duties of these offices are carried out by the civil court of peace registry office appointed by the justice commission of the first instance court of justice, under the supervision and control of the relevant judge.
head of department
ARTICLE 29 - (1) The Department consists of a head of department, a sufficient number of inspecting judges and other personnel.
Duties of the Department
ARTICLE 30 - (1) The duties of the Department are as follows:
a) To ensure that mediation services are carried out regularly and efficiently.
b) Publishing on mediation, encouraging and supporting scientific studies on this subject.
c) To carry out all kinds of decisions and procedures regarding the work of the Board and to cooperate with the relevant ministries, other public institutions and organizations, universities, professional organizations that qualify as public institutions, foundations and associations working for the public interest, and voluntary natural and legal persons deemed appropriate.
ç) To promote the mediation institution, to inform the public on this issue, to organize or support scientific organizations such as national and international congresses, symposiums and seminars.
d) To monitor mediation practices across the country, to keep and publish relevant statistics.
e) To submit to the approval of the Ministry for the decision of the application made by the institutions that will provide mediation training for this purpose and to extend the validity period of the registration in the registry, to list the training institutions that will provide mediation training and to publish them in electronic environment.
f) To keep the registry of the mediator, to decide on the registration requests, to decide on the deletion of the mediator from the registry under the first and third paragraphs of Article 21, and to announce the information about the persons in this registry in electronic form.
g) Keeping records of the last minutes prepared by the mediators at the end of the mediation activity and keeping copies of them.
ğ) To make recommendations to the General Directorate by conducting examinations and researches on the laws and regulatory procedures within its field of duty.
h) Preparing the annual activity report and the following year's activity plan and submitting them to the Board.
ı) To prepare the Annual Mediation Minimum Wage Tariff.
committee
ARTICLE 31 - (1) The Board consists of the following members:
a) General Manager of Legal Affairs.
b) Head of Department.
c) Two judges to be selected by the Council of Judges and Prosecutors from among the judges assigned to the first class serving in the courts of law.
d) three representatives from Turkey Bar Association.
d) A representative of the Notaries Union of Turkey.
e) A faculty member from the field of private law selected by the Higher Education Council.
f) Three mediators to be selected by the Minister of Justice.
g) A representative of the Union of Chambers and Commodity Exchanges of Turkey.
g) One representative to be elected by the three trade union confederations with the highest number of workers.
h) A representative to be elected by the confederation of employers' unions with the largest number of employers.
i) A representative of the Confederation of Tradesmen and Artisans of Turkey.
i) The President of Turkey Justice Academy Training Center.
(2) The Chairman may invite experts to the Board meetings as required.
(3) The Chairman of the Board is the General Manager. In the meetings where the General Manager is not present, the Presidency duty is carried out by the Head of Department.
(4) The Board meets at least twice a year, in March and September. In addition, the Board may be convened at any time at the request of the Chairman or at least five members.
(5) The Board takes decisions with the absolute majority of the total number of members. Membership of a member who does not attend two consecutive meetings without an excuse is terminated.
(6) The term of office of the members of the Board assigned from outside the Ministry is three years. Members whose term has expired can be re-appointed
(7) The daily expenses, travel expenses, accommodation and other compulsory expenses of the Board members participating elsewhere are covered by the Ministry in accordance with the provisions of the Travel Allowance Law No. 10 dated 2/1954/6245.
(8) The working procedures and principles of the Board are regulated by a regulation.
Duties of the board
ARTICLE 32 - (1) The duties of the Board are as follows:
a) To determine the basic principles of mediation services and the professional rules of mediation.
b) To determine the basic principles and standards regarding mediation training and the exam to be held at the end of this training.
c) To determine the rules regarding the supervision of mediators.
ç) To finalize the draft regulations that must be issued according to this Law and prepared by the General Directorate, by making changes if necessary.
d) Canceling the training permits of educational institutions.
e) To decide to delete the mediator from the registry within the scope of the second paragraph of Article 21.
f) To determine the registration fee and annual dues to be paid by the mediators.
g) To approve the Mediation Minimum Wage Tariff by making changes if necessary.
ğ) To make recommendations to increase the efficiency of the activities to be carried out by the Department.
h) To express an opinion on the annual activity report and plan of the Department.
ı) To determine the contributions that the relevant institutions and organizations can make to the application regarding the subjects included in the activity plan of the Department.
CHAPTER NINE – Penal Provisions
Violation of confidentiality
ARTICLE 33 - (1) Any person who acts contrary to the obligation in Article 4 of this Law and causes damage to a person's legally protected interest is punished with imprisonment for up to six months.
(2) The investigation and prosecution of these crimes depends on the complaint.
CHAPTER TEN – Final and Interim Provisions
Lineups
ARTICLE 34 - (1) The posts in the attached lists (1) and (2) were created and added to the sections of the Ministry of Justice of the tables (I) and (II) attached to the Decree Law No.13 on General Staff and Procedure dated 12/1983/190. .
Amended provisions
ARTICLE 35 - (1) The phrase "mediation" has been added to the clause (d) of the first paragraph of Article 19 of the Lawyers Law No. 3 dated 1969/1136/12, after the phrase "Arbitration".
(2) In the Civil Procedure Law No. 12, dated 1/2011/6100;
a) In the first paragraph of Article 137, the phrase "or mediation" is placed after the phrase "settlement",
b) The phrase "or mediation" following the phrase "settlement" in the second paragraph of Article 140, and the phrase "or mediation" following the phrase "settlement" in the third paragraph,
c) The phrase "or mediation" has been added to the second paragraph of Article 320, after the phrase "to settle the parties".
regulations
ARTICLE 36 - (1) Supervising the institutions that will provide mediation training and the duration, content and standards of the training, determining the principles and rules of the written exam, arranging the mediators' registry and the conditions to be sought in mediators, supervision and monitoring of mediators and other matters indicating the implementation of this Law are regulated by the regulations to be issued by the Ministry.
PROVISIONAL ARTICLE 1 - (1) Establishment and organization shall be completed within two months from the date of publication of this Law.
(2) The institutions and organizations specified in Article 31 of this Law shall notify the General Directorate of the representatives who will serve on the Board within two months from the date of publication of the Law. Instead of three mediators to be selected by the Minister of Justice for the first three years, the institutions in subparagraphs (ç), (g) and (ğ) of the first paragraph of Article 31 nominate one more representative each.
(3) The term of office of the representatives in the Board, who are notified from the relevant institutions instead of the mediator, is one year. The names of three mediators to be selected by the Ministry of Justice at the end of this period are notified to the Board. Mediators selected in this way complete the terms of the Board members they have been appointed to.
(4) The Board convenes within three months following the completion of the establishment and organization specified in the first paragraph. The first meeting date of the Board is considered the beginning of the three-year term in terms of Board members.
PROVISIONAL ARTICLE 2 - (1) The regulations envisaged in this Law are issued within three months from the first meeting of the Board.
Force
ARTICLE 37 - (1) This Act;
a) On the date of publication of articles 28 to 32 and provisional articles,
b) Other provisions shall enter into force one year after the date of publication.
Executive
ARTICLE 38 - (1) The provisions of this Law shall be executed by the Council of Ministers.
Kaynak: https://av-saimincekas.com/en/laws/mediation-law-in-civil-disputes/
ARTICLE 18 - (1) The scope of the agreement reached at the end of the mediation activity is determined by the parties; In case of an agreement document, this document is signed by the parties and the mediator.
(2) If the parties reach an agreement at the end of the mediation activity, they may request an annotation regarding the enforceability of this agreement document. If mediation is sought before the case is filed, an annotation on the enforceability of the agreement can be requested from the civil court of peace where the mediator works. If mediation is applied during the trial of the case, an annotation on the enforceability of the agreement can be requested from the court where the case is heard. The agreement containing this annotation is deemed a document in the quality of a verdict. (2)
(3) The issuance of an enforceable annotation is a matter of uncontested jurisdiction, and the examination regarding this is done through the file. However, in disputes related to family law that are suitable for mediation, the examination is held with a hearing. The scope of this review is limited to whether the content of the agreement is suitable for mediation and enforcement. In case of appeal by the relevant party against the application to be made to the court for issuing an annotation of enforceability to the agreement document and the decisions to be taken thereon, a fixed fee is charged. If the parties want to use the agreement document in another official transaction without giving an annotation of enforceability, the stamp duty is also collected as fixed. (2)
(4) Except for cases where an enforceability annotation is required by law, the agreement document signed jointly by the parties, their lawyers and the mediator, and in case of commercial disputes, the lawyers and the mediator, is deemed to be a document in the nature of a judgment, without requiring an enforceability annotation.
(5) If an agreement is reached at the end of the mediation activity, the parties cannot file a lawsuit regarding the agreed issues.
SECTION FIVE – Mediation as a Condition of Litigation
Mediation as a condition of action
ARTICLE 18 / A- (1) If the application of the mediator in the relevant laws is accepted as a condition of the case, the following provisions are applied to the mediation process.
(2) The plaintiff has to attach the original of the final report or a copy approved by the mediator to the petition, indicating that no agreement could be reached at the end of the mediation activity. If this requirement is not complied with, the court sends an invitation to the plaintiff, warning that the final report must be submitted to the court within a one-week deadline, otherwise the case will be dismissed out of procedure. If the requirement of the warning is not fulfilled, it is decided to reject the lawsuit on procedural basis without the notification of the petition to the other party. If it is understood that a lawsuit has been filed without resorting to a mediator, the lawsuit is dismissed procedural due to the absence of any legal action.
(3) The Department lists the registered mediators who want to mediate pursuant to this article, specifying their areas of expertise, if any, according to the justice commissions of the first-instance court of the judiciary they want to serve, and notifies the relevant commission presidencies of the lists. The committee chairs send these lists to the mediation offices in their jurisdictions, and in places where no mediation office is established, to the registry office of the civil court of peace they will assign.
(4) Depending on the subject of the dispute, the application is made to the mediation office where the competent court is located, and to the managing editor in places where a mediation office is not established.
(5) The mediator is determined by the bureau from the list notified to the heads of the commission. However, if the parties agree on any mediator on the list, this mediator is appointed.
(6) The applicant party shall submit to the mediation office all kinds of contact information belonging to itself and, if it has, the other party. The office is also authorized to search for the contact information of the parties in the official records. Relevant institutions and organizations are obliged to provide the information and documents requested by the office.
(7) The contact information of the parties is given to the appointed mediator by the bureau. The mediator is based on this contact information, and can also conduct research on his own when he needs it. It informs the parties about the assignment and invites them to the first meeting by using all kinds of communication means based on the information in hand. Even if he has a lawyer, he also informs the main party. It binds the information and invitation related transactions to the document.
(8) The mediator cannot automatically take into account whether the office making the appointment is authorized or not. The other party may object to the authority of the mediation office at the first meeting at the latest by submitting documents regarding authorization. In this case, the mediator immediately submits the file to the office to be sent to the relevant court of law. After the examination to be made over the file without charge, the court shall make a final decision within one week at the latest and return the file to the office. The decision of the court is notified to the parties by the office in accordance with the provisions of the Notification Law No. 11 dated 2/1959/7201. In case the objection of authorization is rejected, the same mediator is re-appointed and the periods specified in the ninth paragraph start from the new appointment date. In case the objection of authorization is accepted, application can be made to the authorized office within one week from the notification of the decision. In this case, the date of application to the unauthorized office is accepted as the date of application to the authorized office. The authorized office appoints a mediator in accordance with the fifth paragraph.
(9) The mediator finalizes the application within three weeks from the date of assignment. This period can be extended by a maximum of one week by the mediator in compulsory cases.
(10) Mediator; In the event that the parties cannot be reached or the meeting cannot be held because the parties do not participate, or the parties agree or the parties cannot agree, the mediation activity is terminated and the final report is prepared and immediately reported to the mediation office.
(11) In the event that the mediation activity ends due to the failure of one of the parties to attend the first meeting without a valid excuse, the party that did not attend the meeting is stated in the final report and this party is held responsible for the entire cost of the trial, even if it is partially or fully justified in the case. In addition, no attorney's fee shall be awarded in favor of this party. In cases to be filed after the mediation activity ended due to the failure of both parties to attend the first meeting, the litigation expenses incurred by the parties are left on their own responsibility.
(12) If the parties agree at the end of the mediation activity, the mediation fee shall be equally paid by the parties, unless otherwise agreed, according to the Second Part of the Mediation Fee Tariff annexed to the Mediation Minimum Fee Tariff. In this case, the fee may not be less than the two hourly rate specified in Part One of the Tariff.
(13) In the event that the parties cannot be reached at the end of the mediation activity, the parties cannot be interviewed because the parties do not participate, or the parties cannot agree at the end of the negotiations lasting less than two hours, the two-hour fee is paid from the budget of the Ministry of Justice in accordance with the First Part of the Tariff. In the event that the parties cannot agree at the end of the negotiations lasting more than two hours, the fee for the part exceeding two hours shall be paid according to the First Part of the Tariff, taking into account the subject of the dispute equally, unless otherwise agreed. The mediation fee paid from the budget of the Ministry of Justice and covered by the parties is counted among the trial expenses.
(14) The essential expenses that must be incurred by the mediation office pursuant to this article; In the event that an agreement is reached at the end of the mediation activity, it will be paid by the parties in accordance with the agreement, and in case of failure to reach an agreement, it will be collected from the budget of the Ministry of Justice to be collected from the future unfair party.
(15) In the period between the application to the mediation office and the date when the last minute is issued, the statute of limitations stops and the period of deprivation of rights does not run.
(16) In case of an interim injunction decision before filing a lawsuit, the period of filing a lawsuit regulated in the first paragraph of Article 6100 of the Law No. 397, and in the first paragraph of Article 9 of the Execution and Bankruptcy Law dated 6/1932/2004 and numbered 264, in the case of a provisional attachment decision, mediation from the application to the office until the last minute is drawn up. After the application to the mediation office, in case of an enforcement proceeding against the applicant party regarding the issue of dispute, if the applicant party files a negative declaratory action pursuant to Article 2004 of the Law No. The second paragraph of the article is applied.
(17) Mediation negotiations are conducted within the jurisdiction of the justice commission of the first instance court to which the office that appointed the mediator is affiliated, unless otherwise agreed by the parties.
(18) In cases where there is an obligation to resort to arbitration or other alternative dispute resolution in special laws or where there is an arbitration agreement, the provisions regarding mediation shall not apply as a condition of litigation.
(19) Special provisions regarding mediation accepted as a case condition in the relevant laws are reserved.
(20) In cases where there is no provision in this section, other provisions of this Law are applied to the extent that they are suitable for their nature.
Mediation as a condition of litigation in some disputes
ARTICLE 18/B- (1) In the following disputes, it is a condition to apply to a mediator before filing a lawsuit:
a) Disputes arising from the rental relationship, excluding the provisions regarding the evacuation of the leased immovables by execution without judgment pursuant to the Law No. 2004.
b) Disputes regarding the allocation of movables and immovables and the dissolution of partnership.
c) Disputes arising from the Property Ownership Law No. 23 dated 6/1965/634.
ç) Disputes arising from the right of neighbor.
(2) If the parties come to an agreement at the end of the mediation process, the agreement document is drawn up by observing the restrictions in the laws and procedures and principles regarding the real estate.
(3) It is obligatory to take an annotation regarding the enforceability of the agreement document issued within the scope of this article, and this annotation is obtained from the peace court of the place where the real estate is located in terms of agreement documents related to the real estate, and the place where the mediator works for other agreement documents. The court inspects the content of the agreement in terms of the agreement documents regarding the real estate, whether it is suitable for mediation and enforcement, and whether the restrictions, procedures and principles in the laws regarding the real estate are followed; In this context, it may request information or documents from institutions or organizations and open a hearing when necessary.
(4) The provisions of Article 18 shall apply to other matters related to the issuance of annotation regarding the enforceability of the agreement document.
CHAPTER SIX – Registry of Mediators
Keeping a record of mediators
ARTICLE 19 - (1) The Department keeps the registry of persons who have gained the authority to mediate in private law disputes. Information on the persons in this registry is also announced electronically by the Department.
(2) The procedures and principles regarding the registration of mediators shall be regulated by a regulation to be prepared by the Ministry.
Conditions for registration in the registry of mediators
ARTICLE 20 - (1) Registration in the registry is made upon the written application of the concerned to the Head of Department.
(2) In order to be recorded in the registry of mediators;
a) Being a Turkish citizen,
b) Being a graduate of a law faculty with at least five years of seniority in the profession,
c) To be fully qualified,
ç) Even if the periods specified in Article 26 of the Turkish Penal Code No. 9 dated 2004/5237/53 have passed; Crimes against the security of the State, crimes against the Constitutional order and the functioning of this order, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, even if the person has been sentenced to imprisonment for more than one year or pardoned for a crime committed intentionally, Not to be convicted of the crimes of bid rigging, tampering with the performance of an act, laundering or smuggling of assets resulting from crime, acting as an untruthful expert witness, false testimony and perjury,
d) Not to be associated or affiliated with terrorist organizations,
e) It is necessary to complete mediation training and be successful in the written exam held by the Ministry.
(3) The mediator can start its activities as of the date of registration.
(4) The Department lists the registered mediators according to the justice commissions of the first instance court where they wish to serve and sends the lists to the relevant commission chairmen. A mediator may register for a maximum of three commission lists.
Deletion from the registry of mediators
ARTICLE 21 - (1) The Department cancels the registration of a mediator who is registered even though he / she does not meet the conditions required for mediation or who later loses these conditions.
(2) The Department will warn the mediator, in writing, that he has not fulfilled the obligations stipulated by this Law; In case of failure to comply with this warning, after receiving the defense of the mediator, if necessary, requests the Board to delete his / her name from the registry.
(3) The mediator can always request to be deleted from the registry of mediators.
CHAPTER SEVEN – Mediation Training and Training Institutions
Mediation training
ARTICLE 22 - (1) Mediation training refers to the training received after the completion of the law school, which includes basic information about the conduct of the mediation activity, communication techniques, negotiation and dispute resolution methods, behavioral psychology and other theoretical and practical knowledge to be shown in the regulation.
Allowing educational establishments
ARTICLE 23 - (1) The mediation training, on-site law faculties of universities with law schools, the Bar Association of Turkey and Turkey is given by the Justice Academy. These organizations can provide training with the permission of the Ministry. The list of permitted educational institutions is published electronically.
(2) Written application is made for permission. In this application, justified information is given about the training program, the number and expertise of the trainers, and the funding sources of the training institution or training program.
(3) Based on the documents submitted in the application, if it is determined that the education will reach its purpose and the continuity of the educational activities will be ensured in the educational institutions, the relevant training institution is allowed for a maximum of three years.
Extension of the leave period
ARTICLE 24 - (1) An educational institution registered in the registry may request in writing to extend the validity period of its registration in the registry, at the earliest one year and at the latest three months before the end of the registration period. In cases where it is understood from the reports submitted by the training institution in accordance with Article 26 that the mediation training continues successfully and there are no reasons specified in Article 27, the validity period of the given permission may be extended for three years at a time. The educational institution remains registered on the list until a decision is made on its application within the deadline.
Mediation authorization document
ARTICLE 25 - (1) Educational institutions issue a document stating that they have completed their mediation training to those who have successfully completed their training.
Obligation to inform the Department
ARTICLE 26 - (1) Educational institutions submit a report to the Head of Department every year in January regarding the scope, content and success of the training activity they carried out in the previous year.
Cancellation of permission given to the educational institution
ARTICLE 27 - (1) The permission given to the training institution in the following cases is canceled by the Board upon the request of the Ministry:
a) One of the conditions sought for permission has been eliminated or it has been determined that it does not exist.
b) Insufficient training provided.
c) Forgery or significant mistakes in the issuance of mediation authorization documents.
ç) Failure to fulfill the reporting obligation in Article 26 despite a warning.
d) It is determined that the continuity of the training activity is not ensured.
CHAPTER EIGHT – Establishment and Duties
Establishment and organization
ARTICLE 28 - (1) A Department Presidency is established within the General Directorate to fulfill the duties specified in this Law.
(2) In order to fulfill the duties specified in this Law regarding mediation services, a Mediation Board is established within the Ministry.
(3) Mediation offices are established in courthouses deemed appropriate by the Ministry in order to inform those who apply for mediation, to assign mediators and to fulfill other duties assigned by law. A chief editor and sufficient personnel are appointed by the justice commission of the court of first instance to work exclusively in these offices. Mediation offices function under the supervision and control of the civil judge of peace determined by the Council of Judges and Prosecutors. In places where mediation offices are not established, the duties of these offices are carried out by the civil court of peace registry office appointed by the justice commission of the first instance court of justice, under the supervision and control of the relevant judge.
head of department
ARTICLE 29 - (1) The Department consists of a head of department, a sufficient number of inspecting judges and other personnel.
Duties of the Department
ARTICLE 30 - (1) The duties of the Department are as follows:
a) To ensure that mediation services are carried out regularly and efficiently.
b) Publishing on mediation, encouraging and supporting scientific studies on this subject.
c) To carry out all kinds of decisions and procedures regarding the work of the Board and to cooperate with the relevant ministries, other public institutions and organizations, universities, professional organizations that qualify as public institutions, foundations and associations working for the public interest, and voluntary natural and legal persons deemed appropriate.
ç) To promote the mediation institution, to inform the public on this issue, to organize or support scientific organizations such as national and international congresses, symposiums and seminars.
d) To monitor mediation practices across the country, to keep and publish relevant statistics.
e) To submit to the approval of the Ministry for the decision of the application made by the institutions that will provide mediation training for this purpose and to extend the validity period of the registration in the registry, to list the training institutions that will provide mediation training and to publish them in electronic environment.
f) To keep the registry of the mediator, to decide on the registration requests, to decide on the deletion of the mediator from the registry under the first and third paragraphs of Article 21, and to announce the information about the persons in this registry in electronic form.
g) Keeping records of the last minutes prepared by the mediators at the end of the mediation activity and keeping copies of them.
ğ) To make recommendations to the General Directorate by conducting examinations and researches on the laws and regulatory procedures within its field of duty.
h) Preparing the annual activity report and the following year's activity plan and submitting them to the Board.
ı) To prepare the Annual Mediation Minimum Wage Tariff.
committee
ARTICLE 31 - (1) The Board consists of the following members:
a) General Manager of Legal Affairs.
b) Head of Department.
c) Two judges to be selected by the Council of Judges and Prosecutors from among the judges assigned to the first class serving in the courts of law.
d) three representatives from Turkey Bar Association.
d) A representative of the Notaries Union of Turkey.
e) A faculty member from the field of private law selected by the Higher Education Council.
f) Three mediators to be selected by the Minister of Justice.
g) A representative of the Union of Chambers and Commodity Exchanges of Turkey.
g) One representative to be elected by the three trade union confederations with the highest number of workers.
h) A representative to be elected by the confederation of employers' unions with the largest number of employers.
i) A representative of the Confederation of Tradesmen and Artisans of Turkey.
i) The President of Turkey Justice Academy Training Center.
(2) The Chairman may invite experts to the Board meetings as required.
(3) The Chairman of the Board is the General Manager. In the meetings where the General Manager is not present, the Presidency duty is carried out by the Head of Department.
(4) The Board meets at least twice a year, in March and September. In addition, the Board may be convened at any time at the request of the Chairman or at least five members.
(5) The Board takes decisions with the absolute majority of the total number of members. Membership of a member who does not attend two consecutive meetings without an excuse is terminated.
(6) The term of office of the members of the Board assigned from outside the Ministry is three years. Members whose term has expired can be re-appointed
(7) The daily expenses, travel expenses, accommodation and other compulsory expenses of the Board members participating elsewhere are covered by the Ministry in accordance with the provisions of the Travel Allowance Law No. 10 dated 2/1954/6245.
(8) The working procedures and principles of the Board are regulated by a regulation.
Duties of the board
ARTICLE 32 - (1) The duties of the Board are as follows:
a) To determine the basic principles of mediation services and the professional rules of mediation.
b) To determine the basic principles and standards regarding mediation training and the exam to be held at the end of this training.
c) To determine the rules regarding the supervision of mediators.
ç) To finalize the draft regulations that must be issued according to this Law and prepared by the General Directorate, by making changes if necessary.
d) Canceling the training permits of educational institutions.
e) To decide to delete the mediator from the registry within the scope of the second paragraph of Article 21.
f) To determine the registration fee and annual dues to be paid by the mediators.
g) To approve the Mediation Minimum Wage Tariff by making changes if necessary.
ğ) To make recommendations to increase the efficiency of the activities to be carried out by the Department.
h) To express an opinion on the annual activity report and plan of the Department.
ı) To determine the contributions that the relevant institutions and organizations can make to the application regarding the subjects included in the activity plan of the Department.
CHAPTER NINE – Penal Provisions
Violation of confidentiality
ARTICLE 33 - (1) Any person who acts contrary to the obligation in Article 4 of this Law and causes damage to a person's legally protected interest is punished with imprisonment for up to six months.
(2) The investigation and prosecution of these crimes depends on the complaint.
CHAPTER TEN – Final and Interim Provisions
Lineups
ARTICLE 34 - (1) The posts in the attached lists (1) and (2) were created and added to the sections of the Ministry of Justice of the tables (I) and (II) attached to the Decree Law No.13 on General Staff and Procedure dated 12/1983/190. .
Amended provisions
ARTICLE 35 - (1) The phrase "mediation" has been added to the clause (d) of the first paragraph of Article 19 of the Lawyers Law No. 3 dated 1969/1136/12, after the phrase "Arbitration".
(2) In the Civil Procedure Law No. 12, dated 1/2011/6100;
a) In the first paragraph of Article 137, the phrase "or mediation" is placed after the phrase "settlement",
b) The phrase "or mediation" following the phrase "settlement" in the second paragraph of Article 140, and the phrase "or mediation" following the phrase "settlement" in the third paragraph,
c) The phrase "or mediation" has been added to the second paragraph of Article 320, after the phrase "to settle the parties".
regulations
ARTICLE 36 - (1) Supervising the institutions that will provide mediation training and the duration, content and standards of the training, determining the principles and rules of the written exam, arranging the mediators' registry and the conditions to be sought in mediators, supervision and monitoring of mediators and other matters indicating the implementation of this Law are regulated by the regulations to be issued by the Ministry.
PROVISIONAL ARTICLE 1 - (1) Establishment and organization shall be completed within two months from the date of publication of this Law.
(2) The institutions and organizations specified in Article 31 of this Law shall notify the General Directorate of the representatives who will serve on the Board within two months from the date of publication of the Law. Instead of three mediators to be selected by the Minister of Justice for the first three years, the institutions in subparagraphs (ç), (g) and (ğ) of the first paragraph of Article 31 nominate one more representative each.
(3) The term of office of the representatives in the Board, who are notified from the relevant institutions instead of the mediator, is one year. The names of three mediators to be selected by the Ministry of Justice at the end of this period are notified to the Board. Mediators selected in this way complete the terms of the Board members they have been appointed to.
(4) The Board convenes within three months following the completion of the establishment and organization specified in the first paragraph. The first meeting date of the Board is considered the beginning of the three-year term in terms of Board members.
PROVISIONAL ARTICLE 2 - (1) The regulations envisaged in this Law are issued within three months from the first meeting of the Board.
Force
ARTICLE 37 - (1) This Act;
a) On the date of publication of articles 28 to 32 and provisional articles,
b) Other provisions shall enter into force one year after the date of publication.
Executive
ARTICLE 38 - (1) The provisions of this Law shall be executed by the Council of Ministers.
Kaynak: https://av-saimincekas.com/en/laws/mediation-law-in-civil-disputes/
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