Abstract:

For the first time in our law, mediation was regulated by the Law No. 6325 on Mediation in Civil Disputes. Accordingly, mediation has entered our law as an optional dispute resolution procedure. However, first for labor disputes, and then for commercial and consumer disputes, the application to mediation was accepted as a condition for litigation. Again, with the latest regulations, lease disputes and some other disputes have also been included within the scope of mandatory mediation. Therefore, in our law, mediation has turned into both a voluntary and a mandatory dispute resolution method for certain disputes. Article 18/A of the Law on Mediation in Civil Disputes established a general regulation to be applied in terms of mediation as a condition for litigation. The mentioned article also includes rules on venue in disputes where mediation is mandatory. Accordingly, it is concluded that the regulations on venue in mandatory mediation are parallel to the regulations on the venue of the court in the Code of Civil Procedure. In this study, based on the current regulations, the issue of venue in mandatory mediation will be discussed. In this context, the geographically competent mediation office, objection to the venue of the mediation office, examination of the objection, verdict on the objection and the consequences of the verdict will be evaluated.

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