Mediation is a form of alternative dispute resolution the parties can apply for before filing a lawsuit. Mediation employed in labour disputes in our country has produced quite successful results and continues to do so. In addition, mediation in commercial disputes became mandatory as a cause of action as of 01.01.2019. The legal regulation concerning this legal arrangement was added to Article 5 of the Turkish Commercial Code and amendment was accordingly made.

Disputes arising from all the business corporations and companies, commercial papers such as cheque and bond, transportation, ship trade, insurance business, banking business, loan matters, competition and intellectual property are in the scope of this obligation. Legal arrangement that requires mediation as the cause of action in commercial cases is aimed at only commercial causes. 

A commercial case is highly broad in scope. Therefore, it should be determined whether the dispute in question is really a commercial case or not in order not to lose rights. A commercial case is divided into two in itself: absolute commercial case and relative commercial case. In an absolute commercial case, the quality of the parties and whether the case is about a commercial corporation or not do not matter. What matters in these cases is that it is assumed to be a commercial case by law. To give an example, all the cases in the scope of the Turkish Commercial Code are absolute commercial cases. There does not need to exist another quality or feature for such a case. Since the law treats the case as such, law will be accordingly enforced in this regard.