Mandatory mediation in disputes arising from lease relationship
2024
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Advisor: Doç. Dr. Ayşe Kılınç
Abstract (EN)
Various disputes arise between the parties due to different reasons. In order to maintain social peace, these disputes must be resolved. The resolution of this dispute is - as a rule - carried out by the courts as a result of the judicial power held by the state. However, in recent years, new alternative dispute resolution methods have been developed to resolve the dispute between the parties and as a result, mediation has taken its place in the legal system of many states. In order to be among the states where the mediation method is applied, our country has adopted legal regulations on this subject. Mediation, which was first applied on a voluntary basis in our legal system, has been made mandatory for some disputes with the legal regulations made, and for these disputes, applying for mediation before filing a lawsuit has been accepted as a condition of litigation. With the recent legal regulations, rent disputes, with exceptions, have also taken their place among the disputes for which it is mandatory to apply for mediation before filing a lawsuit. Considering that lease disputes have become widespread in our country, especially with the effect of the recent high inflation, this study on mandatory mediation, which has become the first way to resolve lease disputes, is thought to be useful. Accordingly, the aim of this study is to reveal which lease disputes are mandatory to apply for mediation before filing a lawsuit and how the mandatory mediation process works for these disputes, both theoretically and practically.
Author
Dr. Özden Keleş
Institution
How to Cite
Özden Keleş (Master Thesis). Mandatory mediation in disputes arising from lease relationship, 2024, Afyon Kocatepe University.
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