Mandatory mediation starts for rent disputes

ISTANBUL

A requirement for applying to a mediator before filing a lawsuit regarding rent disputes entered into force as of Sept. 1, in a recent move to alleviate the burden of the courts.

With rental prices rising exorbitantly, the number of lawsuits filed due to conflict between landlords and tenants has witnessed a significant increase this year, as approximately 65 percent of the cases Istanbul courts deal with consist of these disputes.

In line with a law adopted by the parliament last March, parties are now required to go to mediation before filing a lawsuit in all rental, neighborhood and property ownership disputes.

Applications will be free of charge at mediation offices in the courthouses, while with the parties' agreement, the mediator will make decisions in disputes, which will be legally binding.

Providing information on the newly-applied regulation, attorney and mediator Umut Metin stated that if the court determines that the parties haven't attempted mediation before filing a lawsuit, it will reject the case.

Mediation sessions will be completed within three weeks, with a maximum one-week extension by the mediator in exceptional cases, Metin said.

“The stage of reaching an agreement with a mediator is limited to a maximum of four weeks. Since it is possible to reach an agreement within this period, an agreement can be reached in a shorter period than this four-week period,” he said.

Noting that mediation is a system that progresses with fairness, where both parties have an equal say, Metin stressed that if either party feels they are not being treated fairly, they can choose to terminate the session.

“One of the mediator's roles is to prevent parties from adopting a coercive attitude towards each other and to find a middle ground.”

Metin explained that if desired, parties can attend mediation with their lawyers, request meetings and postpone the session.

At least half of the disputes referred to mediation in the country have concluded a resolution in a short time, Metin said, adding that this rate can go up to 60 percent of rental disputes.

Approximately 80,000 rental disputes per year will be expected to go to mediation, he added.