137 Union of Turkish Bar Associations Review 2022 Hacı KARA In the event that the parties cannot be reached at the end of the mediation activity, the meeting cannot be held because the parties do not attend, or the parties come to an agreement or fail to come to an agreement, the mediation fee to be paid by the consumer is covered from the budget of the Ministry of Justice. However, in the specified cases, the mediation fee cannot exceed the two-hour fee amount according to the First Part of the Mediation Fee Schedule, annexed to the Mediation Minimum Fee Schedule. In case the lawsuit filed at the end of the mediation activity is concluded in favor of the consumer, the mediation fee is collected from the defendant in accordance with the provisions of Law No. 6183 and recorded as income in the budget. In this case, for the cases arising from the insurance contract, which is considered as a consumer transaction, consumer courts will be in charge in accordance with the provision in LCP article 73/1; “Consumer courts are in charge in cases of disputes that may arise from consumer transactions and consumer-oriented practices”. According to Article 73/A added to the LCP in terms of such cases, mediation will be applied before filing a lawsuit in accordance with this provision, since it is a condition to apply to a mediator before filing a lawsuit in disputes heard in consumer courts. In this case, the regulation of the TCC and the regulation of the LPC conflict. Considering that the LPC was accepted by the Turkish Grand National Assembly on 07.11.2013 and published in the Official Gazette dated 28.11.2013, the 3/L and 73/1 provisions of Law No. 6502 and the TCC article 4 provision were tacitly abolished. In this situation, the cases are subject to the insurance contract for consumers it should be accepted that it is no longer a commercial case. For this reason, the courts in charge are the Consumer Courts, and since there is no commercial lawsuit, it is seen that they are not subject to the mediation condition.60 be awarded in favor of this party. In cases to be filed after the mediation activity ended due to the failure of both parties to attend the first meeting, the litigation expenses incurred by the parties are left on their own responsibility.” 60 “It is not a reasonable solution to leave the implementation of the provisions in the LPC to the commercial courts, not to the special judicial bodies established for this purpose in this law. At this point, it should be noted that when deciding on insurance disputes in which consumers are a party, both judges who are experts in consumer law and judges with expertise in insurance law are needed. In this re-
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