Konut Ve Çatılı İşyeri Kira Sözleşmelerinden Kaynaklanan Uyuşmazlıklarda Özel Dava Şartı Olarak Arabuluculuk

Abstract

With the Law No. 7445 on Amendments to the Enforcement and Bankruptcy Law and Certain Laws and the Law No. 6325 on Mediation in Civil Disputes, Article 18/B was added to come into effect as of 01.09.2023. With this article, disputes arising from rental agreements (except for eviction through uncontested enforcement) have been included in the scope of mandatory mediation as a condition for filing a lawsuit. Housing is one of the most fundamental needs of individuals, and rental agreements are established to meet this need. Disputes frequently arise from rental agreements, particularly residential and commercial lease agreements. It is crucial to evaluate the scope, functionality, and potential implications of mandatory mediation as a prerequisite for resolving such disputes in the legal field. Given the increasing caseload of courts, mediation, carried out by trained mediators, serves to resolve disputes without requiring judicial proceedings, thus benefiting both parties and the judicial system. This thesis examines the scope of mandatory mediation in disputes arising from residential and commercial lease agreements, its implementation, and the potential advantages and disadvantages of its application.