Is Mediation Required Before Pursuing a Commercial Claim?

Objections to Enforcement and Their Resolution

Commencing enforcement and bringing court proceedings are different actions. Article 5/A of the Turkish Commercial Code regulates pre-action mediation for specified monetary commercial debt, compensation, objection-annulment, non-indebtedness, and restitution actions. First determine whether the dispute is genuinely within that commercial scope.

If the debtor objects, mediation must be planned when selecting how to continue. Applying for mediation does not automatically stop every enforcement step or period. With precautionary attachment, special rules on the filing period and other duties must be assessed together. Prolonged discussions should not cause existing protection to be lost.

Prepare a clear account, contract, invoices, payments, and correct opponent details. Check authority of a person attending for a company. For foreign companies particularly, unclear decision-making or signature powers may make a settlement difficult to implement. A proposed payment plan must clearly address security, maturity, and existing enforcement.

Track enforcement, mediation, and litigation in one calendar. Have the claim account and authority ready; the plan's effects on security and existing proceedings must be express.