Davaların Yığılmasında Dava Şartı Arabuluculuk İncelemesi

Abstract

Mediation has entered our legal system as a voluntary alternative dispute resolution method for civil law disputes of which the parties can dispose. However, mediation is regulated as mandatory for commercial, labour and consumer disputes having certain features. 
 In this context, it is now mandatory to apply for mediation before filing a suit of such kinds. The fact that mediation in Turkish law had been regulated based on a voluntary method, yet later accepted as a mandatory step for certain disputes has caused some problems. One of these problems is about how a court would conduct the examination over mandatory mediation in case that one of the claims in accumulation of actions (objective joinder of actions) is subject to mandatory mediation and yet filed for without applying for mediation first. There seems no explicit regulation on mandatory or voluntary mediation regarding this issue. Apart from that, there are also different decisions regarding how to render a decision in case of accumulation of actions including some claims that are subject to mandatory mediation, but this procedure has not been exhausted first. Consequently, this issue will be examined in detail in this study to determine how the courts should conduct the examination procedure and how they should decide in such cases.