Tüketici Hukuku Uyuşmazlıklarında Dava Şartı Arabuluculuk Uygulaması

Mediation is the most preferred method among alternative dispute resolution methods in many countries. In recent years, it has taken its place in the judicial system in our country, as it is aimed to resolve disputes in a shorter time, with less cost, more effectively and based on winning both sides. The fact that mediation is based on the will of the parties and the principle of confidentiality as a friendly solution method in line with the intervention of an impartial third person regarding the dispute between the parties has contributed to its adoption in the society and has resulted in a decrease in the workload of the courts. With the adoption of the Law on Mediation in Legal Disputes numbered 6325, the mediation establishment, which was initially entirely voluntary, was made obligatory in disputes related to labor law first and then in commercial disputes. Finally, with the Law No.7251 on the Amendment of the Civil Procedure Law and Some Laws published in the Official Gazette on 28 July 2020 and the Law on the Protection of the Consumer No.6502, the heading "Mediation as a case condition" and the article "73 / A" were added to the consumer disputes. The fact that a mediator has been applied for before the case is brought has become a condition of the lawsuit. However, by determining the exceptions of this regulation, the disputes within the scope of the duty of the consumer arbitration committee (disputes below 11.330,00 TL), the objections to the decisions of the consumer arbitration committee, TKHK. It has been stated that the interim injunction cases within the scope of Article 73/6, the cases related to the cessation of production and sales and the withdrawal of the property, and the disputes arising from the same of the immovable and in consumer transactions are not within the scope of the obligation to apply to the mediator. Consumer law provisions are mandatory provisions that protect the consumer, who is the weak side in disputes within the rapidly developing social, technological and economic structure. In this study, primarily by focusing on the basic concepts related to consumer disputes, the scope of the obligation to apply to the mediator in consumer disputes and the exceptions brought about this issue will be explained within the framework of the principle of consumer protection.