Resolution of consumer disputes through mediation

Mediation is one of the referred alternative dispute resolution methods for the disputes arising from the legal relationship between the parties. The most important reason is the resolution of the disputes in a faster, with less cost and in a more effective way compared to the state courts. Mediation is an amicable method based on voluntariness and confidentiality in which an impartial and independent third person assists the parties come together to find out a resolution to their disputes in a secure and comfortable place. In Turkish Legal System, mediation, legally regulated in Law on Mediation in Legal Disputes numbered 6325 is mainly a voluntary process. However, it was later regulated as a case condition in Labor Law disputes by Article 3 of the Code of Labor Courts No. 7036, and then in commercial disputes by Article 5/A added to the Turkish Commercial Code No. 6102 and finally in consumer disputes by Article 73/A added to on the Consumer Protection Code No.6502. With this regulation in Consumer Law, it was accepted that the parties have to apply to mediation before filling a lawsuit before consumer courts for the disputes which fall within the remit of consumer courts apart from the exceptional cases regulated in Consumer Law. Furthermore, rental disputes except for the provisions regarding eviction by execution without judgement by the Code of Enforcement and Bankruptcy Law No. 2004, disputes on elimination of joint ownership and the disputes regulated by Law of Property Ownership No. 634 and also disputes arising from the right of neighbours have been included in the scope of the mandatory mediation by the Code No. 7445 since the date 1st September 2023. In our study, the resolution of the disputes one of the parties of which is the consumer who is the weak side in terms of technical and juridical knowledge and economical status through mediation, the scope of the mediation and the exceptions of the mandotary mediation in consumer disputes and also special legal regulations in the Consumer Protection Law will be analyzed.