Mediation as a condition of litigation in disputes arising from condominium ownership

Article 18/B has been added after Article 18/A of Law No. 6325, titled "Mediation as a condition of litigation in some disputes". With this regulation, the scope of disputes subject to mediation as a condition of litigation has been expanded and disputes arising from the Condominium Law have become subject to mediation as a condition of litigation. In our study, due to the fact that it is a new regulation and there are uncertain issues in practice and doctrine, the mediation process in disputes arising from the Condominium Law, the issues that are important in mediation activities, the parties to possible disputes and the suitability of disputes arising from the Condominium Law for mediation will be examined and the situations that may create uncertainty in practice and doctrine will be tried to be clarified. For this reason, in the first part of the study, alternative dispute resolution methods and mediation are discussed, in the second part, disputes that may arise from the condominium law and the rights and obligations of the parties who may be parties to the dispute are evaluated and in the third part, the scope of the mediation activity, the persons who can resort to litigation, the mediation process as a condition of litigation and examined the issues of obtaining an agreement document and an enforceability note.