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As mandatory mediation becomes more prevalent before resorting to legal action in cases of dispute, an announcement came today by the Minister of Justice, Yılmaz Tunç, that this practice will also be extended to matters concerning family law. Tunç, signaling a complete overhaul of family law, claimed that issues like alimony, compensation, and divorce could be resolved through the 'mediation' system, conveying the message that family law will be reexamined from scratch.
This announcement raised concerns about the potential rollback of women's legal gains, particularly provisions related to alimony rights and those encompassed in Law No. 6284, including measures against violence against women.
"We will completely reconsider Family Law"
Advocating for the implementation of a mediation system in family law similar to that in rental disputes, Minister Tunç stated that both parties' perspectives would be taken into account. His statements to NTV regarding the matter were as follows:
"We have a comprehensive study, especially concerning family law. We will completely reconsider family law. Mediation should be introduced to family law. Currently, this is not possible in family law. In fact, mediation in family law is successful in many countries. If mediation is introduced in family law in Turkey, it could be applicable to divorce, compensation, and alimony issues. We need to address citizens' grievances. A solution should be found by considering both sides."
Mandatory mediation in rental disputes
From tomorrow (September 1), mandatory mediation will be applied in rental disputes. Minister Tunç stated that if no agreement is reached within one month through mandatory mediation between tenants and landlords, the option of legal recourse will still be available. He mentioned that if an agreement is reached, the problem will be resolved in a 'friendly' manner. Regarding the government's declared annual 25% cap on rent increases, he explained that this cap could be exceeded if both parties agree. Tunç explained how the implementation will be:
"If an agreement is reached, the matter will be resolved amicably. They can discuss the rental amount, and the 25% cap can be exceeded if both parties agree. This 25% limit means that the landlord cannot impose a rent increase of more than 25% on the tenant. If the tenant and landlord agree, that's a separate issue."
The frequency of disputes has risen concerning rental disputes with the rents leaping in Turkey in the last year, especially after the February 6 earthquakes.
Starting from September 1, it will be mandatory to approach a mediator before going to court in disputes arising from rental relationships. The costs and fees of mediation will be shared equally by the parties. In case of initiating a lawsuit, the party that loses the case will bear the expenses. (EMK/PE)
