Mandatory mediation in commercial disputes: decisions to make at the outset
Treating mediation not merely as a procedural hurdle but as a chance to frame the dispute.
Under Article 5/A of the Turkish Commercial Code, added by Law No. 7155, applying to a mediator has been a precondition since 1 January 2019 for commercial cases concerning monetary receivables and compensation claims.
Framing the claim
Consistency between the claims raised in mediation and those in any subsequent lawsuit matters. We therefore recommend gathering receivable items, interest start dates and supporting documents in a detailed schedule before applying.
Who attends
Having an executive with decision-making authority at the sessions changes the nature of the discussion. The scope of the authorisation should be checked in advance and signing authority clarified in case a settlement is reached.
This article is for general information and is not an opinion on any specific dispute.
This content is for general information and is not a substitute for legal advice.