New 'law' signal from Minister of Justice Yılmaz Tunç!

Minister of Justice Yılmaz Tunç attended the symposium titled "Development of Mediation Practices in Disputes Where the Administration is a Party," held at the Ankara Dikmen Judges' House, and made important statements.

Tunç reported that 114,346 out of 273,511 applications made to date under the mandatory mediation practice for rental disputes, which has been in effect since September 1, 2023, have resulted in an agreement.

In his speech at the Symposium on the Development of Mediation Practices in Disputes Where the Administration is a Party held at the Dikmen Judges' House, Tunç stated that many developments have taken place in the field of law in Turkey over the last 22 years and that improvements have been made in the legislation.

Explaining that changes continue to be made to the legislation in line with new needs, Tunç noted that one of the important reforms made in this context was the introduction of the mediation system into the legal system.

'SUCCESS RATE IS 65 PERCENT'

Pointing out that Turkish civilization is not unfamiliar with the mediation system and that this method was used in the past with the Ahi system, Tunç stated that the current mediation system began with the implementation of voluntary mediation in 2013.

Stating that the success rate in voluntary mediation exceeded 90 percent, Tunç expressed that the mandatory mediation system was subsequently introduced in 2018.

Conveying that the scope of mandatory mediation was expanded with the 7th Judicial Package, Tunç shared the information, "Since 2013, around 6 million disputes have gone before mediators. More than 4 million of these resulted in an agreement. The success rate is 65 percent."

Stating that mediation became mandatory for rental disputes as of September 1, 2023, Tunç said, "After mandatory mediation began for rental cases as of September 1, 2023, almost half of these disputes were resolved by going to a mediator. There have been 273,511 applications in rental cases, and 114,346 of these resulted in an agreement. Let's assume there are two sides to this; 229,000 of our citizens continued on their way with the tenant and landlord reaching an agreement without going to court."

Yılmaz Tunç also emphasized that the peaceful resolution of disputes serves social peace.

'THERE ARE REGULATIONS IN THE 9TH JUDICIAL PACKAGE'

Minister of Justice Tunç reported that thanks to mediation, citizens' problems are resolved peacefully, and the workload of the courts is thus reduced.

Expressing that the mediation legislation needs to be developed, Tunç said, "We are not stopping when it comes to further developing mediation. Our legislation needs to be improved in this regard. There are also regulations regarding mediation in the 9th Judicial Package, which is currently being discussed in the Grand National Assembly of Turkey (TBMM)."

Noting that the goals regarding mediation will be included in the Judicial Reform Strategy Document and that work on a fundamental mediation law is ongoing, Tunç stated, "Mediation should have a fundamental law. We are continuing our work on this matter together with our scientific committee. We are striving to both further increase the effectiveness of alternative dispute resolution methods in legal disputes and to develop them in terms of the criminal justice system."

'MEDIATION IS THE VICTORY OF SHARED HUMAN VALUES'

Minister of Justice Tunç stated that the importance of the mediation institution is increasing day by day in private law disputes such as labor law and rental disputes where the administration is a party.

Describing mediation as "a strong breath enlivened by peace and common sense on the path to resolution in disputes where the administration is a party," Tunç continued as follows:

"The management and administration of the state is actually the place where the pulse of society is taken. In this respect, mediation is a valuable path that closes the distance between the citizen and the state and rebuilds mutual trust by building bridges. The mediation institution takes human lives lost in a case file, demands trapped between rigid rules, and quests for rights covered in official language, and reinterprets them with transparency, trust, and common sense. When the administration participates in this institution as a voluntary companion, not only is justice served, but the peace of the public conscience is also ensured.

On this path to resolution, the administration should approach like a friend and choose consent instead of imposition. Because the essence of mediation is not the victory of contrasts and conflict, but of reconciliation and shared human values. That is why mediation is not a show of force in disputes where the administration is a party; on the contrary, it is a journey of compassion and reason. The presence of mediation in these disputes where the administration is a party deepens the trust our people have in the state and strengthens the infrastructure of social peace. Therefore, mediation is a system that protects the citizen's both material and moral interests while also protecting the public from financial burdens such as fees, expense advances, and attorney fees."

Reporting that approximately 80,000 agreements have been reached so far through mediation in disputes where administrations are a party, Tunç stated that 7,537 agreements were made by ministries, 27,708 by metropolitan and provincial municipalities, and 9,231 by universities.

Yılmaz Tunç said, "We find this figure valuable, but we do not find it sufficient. One of the important reasons we have come together today is to discuss and set forth what needs to be done to carry this number even higher."