In commercial disputesMediation is a must in cases over 10,000 TL.
Scope
- Between two merchants
- Receivables arising from commercial business
- Invoices, contracts
- Some disputes between company partners
Out of Scope
- Bankruptcy cases
- Concordat
- Trademark, patent
- Cheque/bill foreign exchange proceedings
Process
- Ministry of Justice mediator
- First meeting
- Negotiation (3 weeks)
- Agreement → minutes
- Non-agreement → trade court
Advantages
- Fast (1-2 months)
- Low cost
- Continuing commercial relationship
- Quality of judgment
Supreme Court 11. HD
11. HD accepts that commercial mediation agreements are "enforceable" and the parties cannot renege on their commitment.
Commercial and mediation lawyer is recommended.