Mandatory Mediation in Eviction Actions Based on Need: The Issue of the Temporal Emergence of the Procedural Prerequisite and an Assessment of the Court of Cassation's Decisions

Abstract

This study examines the issue of the moment at which the mandatory mediation requirement arises in eviction lawsuits based on the landlord's need. In particular, with regard to eviction actions brought pursuant to Article 350 of the Turkish Code of Obligations, the significance of the timing of the mediation application in fulfilling the prerequisite for litigation is evaluated in light of the decisions of the Court of Cassation. In this context, the relationship between the legal nature of mandatory mediation and the statutory period for filing an eviction action is first analyzed. Subsequently, it is discussed whether the emergence of a legal dispute and the accrual of the right to bring an action constitute distinct legal concepts. The study further examines the effect of mediation applications submitted before the commencement of the statutory litigation period, the approach adopted by the Court of Cassation, and the implications of this approach for procedural economy and the objectives of mediation. Finally, the study evaluates whether the emergence of the mandatory mediation requirement should be linked not to the commencement of the litigation period but rather to the actual existence of a legal dispute between the parties.