The Issue of Whether It Is Mandatory to Apply to Mediation Before Reaching the Insurance Arbitration Commission

There is no precise regulation in the legislation as to whether the mandatory mediation in commercial lawsuits will also prevail in applications made to the insurance arbitration commission in commercial disputes. In this regard, a provision in the Law on Mediation in Legal Disputes has been interpreted differently in doctrine and insurance arbitral awards. According to this provision, “in cases where there is an obligation to resort to arbitration or another alternative dispute resolution method in special laws or there is an arbitration agreement, the provisions regarding mediation as a cause of action shall not be applied” (Art. 18/A (18)). At first glance, it can be thought that since insurance arbitration is not a mandatory arbitration and an arbitration agreement is not concluded between the parties by applying to the insurance arbitration commission, it is obligatory to resort to mediation before applying to the insurance arbitration commission in commercial disputes. However, before applying to the insurance arbitration commission, whether the application to mediation is mandatory should be answered by considering the legal nature, purpose, and distinctive features of insurance arbitration. In this context, in this study, a conclusion has been reached by examining the opinions put forward, arbitral awards, and the Supreme Court decision.