Mediation period begins: Mandatory even in wedding dress rental disputes

In rental disputes, the mediation period begins before you file a lawsuit.

Salih Emrah Ertan, a member of the Izmir Consumer Arbitration Committee, recalled that the regulation will come into force on September 1, and stated that the application not only covers disputes over rentals in homes and workplaces, but that it is mandatory to resort to a mediator. even in disputes over cars, fields, property and even wedding dresses for rent.

Salih Emrah Ertan, a member of the Izmir Consumer Arbitration Committee, who said that landlord-tenant disputes have become one of the most important workloads of courts, said that while the workload of any court of first instance in Izmir was 1,000 in 2021, this number of files was 2,500 in 2022 and 2023. He explained that in the year it was up to 3,000.

Stating that it is necessary to ensure social peace by easing the burden of rent disputes in courts, Ertan said that the state has made mediation mandatory to settle these disputes in a correct and conciliatory manner.

Mediator and lawyer Salih Emrah Ertan stated that the regulation law was published in the Official Gazette in April: “The law will come into effect from September 1. Landlords and tenants were able to request a mediator starting in 2013. However, this path was not used much because it was not necessary. After mediation in commercial, commercial and consumer disputes has become a condition of litigation, rent, fees, etc. Mediation became mandatory in conflicts arising from the right of neighbors and companies over movable and immovable property, what we call company solution, which is defined as the right of neighbors.

‘INCLUDES ALL RENTAL DISPUTES’

Explaining that the application does not only cover rental disputes in homes and workplaces, Ertan said that it is necessary to resort to mediation in disputes related to the rental of any property.

Ertan said: “When rent is mentioned, the first thing that comes to mind is rent for the house and the workplace. However, this law covers all rental disputes. That is, all rentals such as a wedding dress, a field, a car, furniture or machinery fall into this conflict. Mediation is not mandatory when only enforcement proceedings are carried out. Apart from this, all lawsuits such as determination of the rental price, determination, eviction, adaptation of the rent to be collected, termination that must be known in the civil court of peace enter the mediation.

Ertan said that the mediator is a system that brings the parties together at a table in an impartial manner, reveals the conflict between them and extracts the internal intention, and allows them to negotiate and reach agreements with each other.

RESULTS IN 4 WEEKS INSTEAD OF WAITING YEARS

Stating that mediation saves time, Salih Emrah Ertan stated that the duration of lawsuits is long and the issue can be resolved in 4 weeks thanks to mediation, adding: “A lawsuit filed in court can be completed in 6 months, but can also be completed in 5 years. Mediation concludes in 4 weeks.”

Mentioning that the dispute between tenants and landlords will be resolved by a mediator, Ertan made the following statements:

“Sometimes the landlord’s problem is that the rent is low. He also has an eviction notice and is using it. The tenant is basically willing to raise the rent a little. The mediator can bring the parties together and reveal the reason on which they will reach an agreement.

These conflicts also affect social peace. People may think that they will get no results from the case and resort to violence. Now there is a search engine. Let them come, sit down, reach an agreement and find the middle way”.

‘CONTROL IS IN THE HANDS OF THE PARTIES’

Ertan stated that the parties can go to the mediation offices of the courts, either in person or through their lawyers, and stated that if an agreement cannot be reached within 4 weeks, a lawsuit can be filed and provided the following information about the mediation process:

“The Ministry of Justice automatically appoints mediators who are registered in the mediation registry to mediators whose positions are vacant. The mediator must complete this task within 3 weeks.

Once the mediator receives the preliminary information when the file arrives, the partner summons the parties to the meeting on the determined day. In the first meeting, the mediator provides information about the process. The parties reveal their intentions. By asking questions, the mediator reveals the true intent of the parties and provides a means of negotiation. If there is no result, they get back together. If the parties cannot reach an agreement, they do not pay the mediation fee at that time. The losing party in the case pays the fee.

If they agree, the law sets the commission to half or to a different type of action. So control is in the hands of the parties. When you go to court, the timing or decision to make is not in your control. Neither party can be satisfied. But in mediation the parties make the decision themselves,” he said. (DHA)