The 2026-2027 Judicial Year: Writing the Logbook

1. Introduction: A New Judicial Year, a New Logbook The judicial year in Türkiye begins on 1 September, and the 2026-2027 term opened on 1 September 2026. As every year, the first days bring the files that accumulated over the judicial recess back into motion and restart the clock on procedural deadlines. A reminder: the judicial recess runs from 20 July to 31 August (Code of Civil Procedure, HMK, Art. 102). Where a deadline set by the HMK in a matter subject to the recess falls within it, the deadline is deemed extended by one week from the end of the recess, without any court order (HMK Art. 104). For 2026, that means extended deadlines expire on Monday, 7 September 2026. Deadlines in matters heard during the recess (HMK Art. 103) and mediation time limits do not benefit from this extension. The agenda of this judicial year, however, is not set by the calendar alone. Two themes now sit at the centre of legal practice: pre-litigation dispute resolution mechanisms and digital proceedings. Mandatory mediation in commercial disputes is the rule rather than the exception; e-hearings, electronic service and digital evidence have become the daily routine of case files. In this article we keep the logbook of the new term along these two axes and examine the framework drawn by recent case law and its practical consequences.

2. Mandatory Mediation in Commercial Disputes: Settlement at the Table, Not at the Courthouse Door Since 1 January 2019, in commercial actions concerning receivables and compensation claims for the payment of a sum of money, applying to a mediator before filing suit has been a condition of action (Turkish Commercial Code, TTK, Art. 5/A). The test has two layers: the dispute must qualify as a commercial action under TTK Art. 4 and other statutes, and the claim must relate to a monetary receivable or compensation. In absolute commercial actions the status of the parties is irrelevant, whereas in relative commercial actions the dispute must concern the commercial enterprises of both parties. Claims that are not monetary in nature, such as declaratory relief, injunctions or termination of a contract, fall outside the scope. Law No. 7445, which entered into force in 2023, widened the reach of mandatory mediation: disputes arising from lease relationships, dissolution of co-ownership, condominium law and neighbour rights were also brought within the condition of action. In commercial life it is worth remembering that disputes over business premises leases may now be subject to mediation through two separate doors.

3. Time Limits and Procedure: Keeping the Course The timetable of the mediation process is set by statute. The mediator must conclude the application within six weeks from the date of appointment; this period may be extended by at most two weeks where necessary (TTK Art. 5/A-2). Unlike the three-week period in employment disputes, this timetable leaves more room for negotiation in commercial files. The most important safeguard concerns limitation: from the application to the mediation office until the date of the final report, the limitation period is suspended and preclusive periods do not run (Mediation Law, HUAK, Art. 18/A-15). For receivables approaching the limitation threshold, the mediation application is therefore not merely a procedural requirement but a tool that protects the claim. Three procedural points deserve attention: - The final mediation report must be attached to the statement of claim. If it is missing, the court grants a peremptory period of one week to submit it; if it is still not submitted, the action is dismissed on procedural grounds (HUAK Art. 18/A-2). - An action filed without applying to a mediator is dismissed on procedural grounds for lack of a condition of action, without any further step. - A party that fails to attend the first meeting without excuse bears the entire costs of the proceedings even if it prevails in whole or in part, and no attorney's fee is awarded in its favour (HUAK Art. 18/A-11). If the parties reach a settlement and the settlement agreement is signed jointly by the parties, their counsel and the mediator, the document has the force of a court judgment without any enforceability annotation, and no further action may be brought on the matters settled (HUAK Art. 18/4-5). If no settlement is reached, the first two hours of the mediator's fee are borne by the Ministry of Justice budget; the remainder is paid equally by the parties and is treated as a litigation cost if an action is later filed.

4. Digital Proceedings: New Course, New Rules Digital processes are gaining speed and files are progressing more predictably. Yet, like every change, this one brings new rules and requires careful follow-up. Three digital tools stand out in the new judicial year: E-hearings (HMK Art. 149): Under the provision introduced by Law No. 7251 in 2020, the court may, on the request of a party, allow the requesting party or its counsel to attend the hearing and carry out procedural acts from where they are, through simultaneous audio and video transmission. Witnesses, experts and specialists may be heard the same way. The request is submitted through UYAP before the hearing and its acceptance is at the court's discretion; a rejected e-hearing request does not remove the obligation to attend in person. Electronic service (Notification Law Art. 7/a): Service by electronic means is mandatory for companies, attorneys, notaries and the other persons listed in the statute. A notification sent through the National Electronic Notification System (UETS) is deemed served at the end of the fifth day following the date it reaches the recipient's electronic address. Deadlines are calculated from the date fixed by this five-day rule, not from the date the document is read. Regular monitoring of the UETS inbox is therefore not merely good practice but the only barrier against loss of rights. Digital evidence: E-mail correspondence, instant messaging records and electronically signed contracts are now ordinary evidence in commercial files. Electronic data created with a secure electronic signature has the force of a deed (HMK Art. 205); other electronic records carry evidentiary value as documents (HMK Art. 199). The practical issue is less the existence of a record than proof of its integrity and origin. Companies that review their digital correspondence and record-retention policies with this in mind lighten the burden of proof in future litigation from the outset.

5. Recent Case Law and Practical Consequences In the seventh year of mandatory mediation, the settled approach of the high courts has largely crystallised. The main principles shaping practice can be summarised as follows: - A later application does not cure the defect. Applying to a mediator after the action has been filed does not remedy the missing condition of action; the condition must exist at the moment the action is filed. - The subject of the dispute must match the report. Consistency is required between the subject of the dispute recorded in the final mediation report and the subject of the action. A claim that does not appear in the report at all may face a missing condition of action in respect of that claim. - Increasing the claim does not require fresh mediation. Provided it remains within the same subject of dispute, increasing the value of the claim by way of amendment does not require a new application to a mediator. - The commercial nature of the action is determined carefully. In relative commercial actions both parties must be merchants and the dispute must concern their commercial enterprises; where this condition is not met, the mandatory mediation provisions do not apply. - The five-day rule in electronic service is strict. For the start of a deadline, what matters is the end of the fifth day following arrival at the electronic address, not the date the notification is read. The practical upshot is clear: while the new rules lighten the courts' workload, the fate of a file is decided less in the courtroom than by diligence at the moment of application. Defining the subject of the dispute completely and consistently with the statement of claim, calculating deadlines with both the mediation timetable and the electronic service rules in mind, and keeping digital evidence in order from the outset prevent the most frequent losses of rights in the new term.

6. Checklist for the New Judicial Year - Review deadlines that fell within the judicial recess: HMK deadlines are deemed extended to 7 September 2026, but mediation periods and deadlines in matters heard during the recess kept running. - In commercial receivable files, make sure the final mediation report is on file and that the subject of the dispute matches the statement of claim. - For receivables approaching limitation, remember that the mediation application suspends the period; do not leave the application to the last day. - Confirm that UETS addresses are active and monitored regularly; designate the responsible persons in writing. - Submit e-hearing requests through UYAP reasonably ahead of the hearing date and plan for in-person attendance in case of rejection. - Re-read the dispute resolution, jurisdiction and arbitration clauses in your contracts in light of the mandatory mediation rules. - Update your digital correspondence and record-retention policy with evidentiary integrity and proof of origin in mind.

7. Conclusion The 2026-2027 judicial year continues a period in which the centre of gravity of dispute resolution is shifting from the courtroom to the negotiating table and the screen. Mandatory mediation saves time and cost in commercial disputes; digital litigation tools make files faster and more predictable. Both areas, however, come with their own timetable and rules. To stay on course, deadlines and procedures must be followed closely. When the logbook is kept properly, the new rules are not a risk but, with the right navigation, an advantage that yields time, cost savings and predictability.

_This content is for general information purposes only and does not constitute legal advice. For a specific commercial dispute, mediation process or deadline calculation, we recommend consulting a lawyer specialised in commercial law and dispute resolution._