Mediation in Rental Disputes – Lawyer in Izmir
September 1, 2023 It has become mandatory to apply to a mediator before filing a lawsuit for any dispute between a landlord and a tenant. This requirement applies to both residential and commercial lease relationships.
When either party experiences a legal dispute arising from a rental agreement, they should first seek mediation to resolve the conflict before filing a lawsuit. Only if an agreement cannot be reached through a mediator's report can legal action be pursued.
How long does the mediation process take in rental disputes?
Except for certain special cases such as trade disputes, a period of 3 weeks is given for the completion of the mediation process. However, in special circumstances, this period can be extended to a total of 4 weeks.
How many meetings can be held?
The parties may hold multiple meetings to resolve the dispute, and there is no limit to the number of such meetings. They may also hold discussions without any restrictions within the three-week period stipulated by law.
Who can apply for mediation?
Either party may apply to a mediator for mediation if they wish to resolve the dispute, without obtaining the other party's consent.
How does a mediator communicate?
The contact information of the parties is provided to the mediator by the office. Based on this information, the mediator informs the parties and invites them to the first meeting. The mediator may also contact the parties on their own initiative if necessary.
How to Sign an Agreement?
When an agreement is reached between the parties at the end of the mediation process, the scope of the agreement is determined by the parties. If an agreement document is drawn up, it is signed by the parties and the mediator. A request for an endorsement regarding the enforceability of the agreement can be obtained from the civil court before filing a lawsuit or from the court hearing the case during the lawsuit. This document has the force of a judgment, and when an agreement is reached as a result of mediation, a lawsuit cannot be filed between the parties.
How does mediation end?
Mediation can end under certain conditions, such as when the parties reach an agreement, when the parties determine that further efforts are unnecessary, or when one party withdraws.
In which types of disputes is mediation mandatory?
Apart from rental relationships, disputes arising from the division of movable and immovable property, the dissolution of partnerships, and neighborly rights cannot be filed without first applying to a mediator as of September 1st. In addition, mediation is mandatory for many disputes arising from consumer law, labor law, and commercial law.
What are the benefits of mediation?
Mediation offers a faster and more economical solution than going to court. A mediation agreement is equivalent to a court decision. The parties can openly discuss their disputes in a relaxed environment, and the process is conducted confidentially. Furthermore, because the parties find their own solutions through mediation, the relationship is more likely to continue. Seeking mediation does not mean losing the right to go to court.
