Özet:

According to the article no. 5/A which was added to Turkish Commercial Code No. 6102, mediation has been made mandatory in commercial cases. In other words, it is regulated as a cause of action. With respect to the provision, it needs to be applied to mediator prior to litigation which is about debt or compensation claims regarding payment of a sum of money. The regulation in question, is applied to the cases that will be commenced as of 1 January 2019. Different decisions on whether the disputes arising from consumer credit contracts are subject to mandatory mediaton or not, have been made by regional courts of justice. In some decisions, it is implied that the disputes arising from consumer credit contracts are subject to mandatory mediaton which is only for commercial cases in other decisions, it is observed that counter-conclusions have been put forth. In this study, in the light of decisions made by regional courts of justice, it is examined the question of whether mandatory mediaton in commercial cases comprises the disputes arising from consumer credit contracts or not.

Anahtar Kelimeler: