EVALUATION OF THE TURKISH COMMERCIAL CODE ART. 5/A RELATED TO MEDIATION AS A PROCEDURAL REQUIREMENT IN COMMERCIAL ACTIONS

After the so-called success that is achievedin labor actions, mediation is accepted as aprocedural requirement in commercial actions.According to Turkish Commercial Code (TCC)Art. 5/A,“Application to mediation before commencinga commercial action regulated by the TurkishCommercial Code Article 4 or other codes,in which the matter of dispute is the paymentof a pecuniary claim arising from an actionof debt or action for damages, is a proceduralrequirement”.However, this regulation consists of severalproblems. The codification process of theregulation is highly unusual, the actions that aresubject to mediation as a procedural requirementare not clearly stated and there is no monetarylimit that is brought to the pecuniary claimsthat are subject to mediation. All those factorsmay cause several unwanted and unpredictedoutcomes in practice.In this article, the problems that may emergebecause of the regulation that is acceptingmediation as a procedural requirement incommercial actions will be evaluated anddetermined. In addition, solutions to thosepossible unwanted and unpredicted outcomeswill be discussed.