Intensity of the first day in the mediation offices

To date, litigious mediation has begun in controversies derived from rentals, condominiums, neighborhood rights and partnership agreements.

The mediation system, which was put in place to ease the procedural burden between tenants and owners, was intense on the first day.

The tenant and the landlord who have a conflict will first go to the courts in their region and go to the mediation office. After the request, the system automatically assigns a mediator to the parties one day later. In the system, parts have 3 weeks. If an agreement cannot be reached within this period, an additional period of one week is granted. If the parties cannot reach an agreement within 4 weeks in total, they will resort to litigation.

MOST APPLICATIONS ARE RENTED DISPUTES

On the other hand, applications have begun to be received at the Çağlayan Mediation Center, where 13 people are assigned to the Istanbul Courthouse, 11 of whom are record clerks.

As citizens who come to the office register with the application form and wait for a mediator to be appointed, it became known that approximately 75 percent of the applications filed at the Istanbul Courthouse by noon are related to the rental law.

“WOULD BE VERY GOOD TO RESOLVE IN 4 WEEKS”

Yılmaz Pamuk, who applied for mediation and could not reach an agreement with his tenant, said: “I live in Düzce. I retired and came to Istanbul. But my tenant doesn’t want to vacate my house. This is my third year tenant. So the second contract of his is over. My house in Mecidiyeköy. They said that the mediation system is starting. Walk from there to get your work done. I also came today. It would be great if it was resolved in 4 weeks. I spoke to the lawyer and he told me that there is a possibility that about 2 years will be necessary in court ”.

The presenter, Salih Ormak, said: “You came to mediate. We were unable to reach an agreement with the tenant. He is in his second year. I said leave last year. I’m going to evacuate, he didn’t come out. He immediately increased the rent by 25 percent. He came back on the day and did the same with the rent. I also sent him a warning. “I’m not leaving,” he said. Rent of 2 thousand 500 lire in Gayrettepe. There are 20 thousand liras, 25 thousand liras for rent. I asked him for 6,000 last year and he did not accept it,” he said.

MANDATORY MEDIATION PERIOD

According to the new regulations of the Ministry of Justice, mediation became a procedural requirement on January 1, 2018 in labor disputes, on January 1, 2019 in commercial disputes, and on July 28, 2020 in consumer disputes. .

To date, the mediation success rate has reached 69 percent within the optional and mandatory scope of practice. Following efforts to broaden the scope of mediation, the Bankruptcy and Foreclosure Law, promulgated by the Turkish Grand National Assembly, and the Certain Laws Amendment Law, made mediation a condition for action in disputes arising out of rents. , condominiums, dissolution of companies and rights of the neighbor.

In these disputes, as of today, the parties will be able to go to a mediator before filing a lawsuit. Requests will be made free of charge at the mediation offices of the courts, and there will be no obligation to pay for matters such as legal expenses, fees, witnesses and expert witness fees. Mediation negotiations will be finalized in three weeks.

In mandatory cases, this period may be extended by the mediator for a maximum of one more week. Thus, approximately 80,000 rental disputes a year will go to the mediator. In addition, his goal is to resolve many disputes that arise from the resolution of condominiums, rights of neighbors and companies, along with the dispute of rents, through mediation. (AA, DHA)