Mediation as a condition of trial in commercial cases

Almost all nations having challenges with regards to their judicial systems are in search of solutions that will ease the access to the jurisdiction as well as those that will speed the process. Mediation, within this context, has come into prominence in a great number of systems as a significant medium that will relieve the burden of the judicial systems. The mediation, like all other alternative methods of settling disputes, mainly rests with the voluntary basis. Considering the mediation as a method of relieving the workload that will eventually terminate the whole system, the trend from being arbitrary to compulsory has been so swift in Turkey. Having met the system of mediation last 10 years of period, Turkey is one of the countries in which the mandatory mediation as cause of action is practiced in several disputes in its limited forms. The transition from arbitrary to compulsory mediation has certainly brought upon several new implementations. In this context, there have been a number of new implementations and practices in Law of Civil Procedure due to the mediation as cause of action. Exerting impacts on commence of the lawsuits to the allocation of court expenses, etc. and being acknowledged as cause of action in many other fields of law, the mediation brings forth a number of new implementations in substantive law as well. Our experience which we have gained from real life practices shall make difference in this study in which we have explored the impacts of mediation as cause of action for commercial cases with regards to substantive and procedural law. Keywords: Mediation, mediation as a condition of trial, cause of action, compulsory mediation, Turkish code of commerce, alternative dispute resolution, code of civil procedure.