October 10, 2025 · Av. Arb. Melis Belibağlı Buluz
Mediation is an alternative dispute-resolution method regulated by Law No. 6325, enabling parties to come together under the guidance of a specialist third person (the mediator) and resolve their disputes through negotiation. Under Turkish law, mediation has been made a mandatory pre-action requirement for certain categories of dispute.
Scope of Mandatory Mediation
- Employment disputes: Claims for receivables, compensation and reinstatement between employees and employers.
- Commercial disputes: Claims for monetary receivables and compensation.
- Consumer disputes: Certain disputes within the jurisdiction of the consumer court.
- Tenancy and neighbour disputes: Disputes arising from tenancy relationships (including a significant portion involving eviction), dissolution of partnership, condominium and neighbour-right disputes have also been brought within the scope of mandatory mediation.
If an action is filed in a dispute subject to mandatory mediation without first applying to a mediator, the action will be dismissed on procedural grounds; it is therefore important that the process is properly structured.
How Does the Process Work?
- The application is made to the mediation bureau at the courthouse with jurisdiction over the subject matter of the dispute.
- The appointed mediator invites the parties to a meeting; sessions are conducted in confidence.
- The process is typically completed within a short period of about six to eight weeks in commercial disputes.
- If agreement is reached, a settlement agreement is drawn up; a settlement agreement that has been given an enforceability endorsement (or signed jointly by the parties' counsel) has the force of a court judgment.
- If no agreement is reached, the process is closed with a final minutes record and the litigation route is opened.
Why Mediation?
Mediation is a particularly powerful tool in commercial life, given that it is far quicker and more economical than litigation, preserves confidentiality, protects commercial relationships and allows the solution to be shaped by the parties themselves. Statements and documents put forward during the sessions cannot be used as evidence in any subsequent action, which enables the parties to speak openly at the table.