Sigorta Hukukunda Arabuluculuk ve Tahkim

Abstract

Although arbitration is in the legislation of Turkey, its practice in the insurance law emerged in the first decade of the 21st century. On the other hand, in addition to all disputes, mediation practice started in the second decade in disputes due to the insurance law. In relation to the disputes on which the parties can dispose of, mediation practices as a cause of action first entered into force in labor law, then in commercial law and finally in consumer law. It is not possible for the mediation practice in insurance law disputes, which is the Sixth Book of the Turkish Commercial Code, to be resolved only by commercial law expert mediators. Mediation as a cause of action has been arranged in the Legal Disputes Mediation Law, Turkish Commercial Code and Law on Protection of Consumer. However, there is no clear regulation on how insurance disputes be resolved through mediation. It is obvious that mediation as a cause of action is not applicable to arbitration, and that arbitration is an alternative dispute resolution method. The arbitration commission for insurance should not involuntary impede access to courts in any way. In insurance disputes, the application to arbitration should be facilitated and the preference of the applicant should be expanded. For combining voluntary arbitration and voluntary mediation and using the positive aspects of both ways to resolve disputes, making decisions that are suitable for public order by experts, the mediation-arbitration practice should be implemented within the insurance arbitration commission.