Mediation in Turkey: What It Is and How to Apply

What Is Mediation in Turkey?

Law No. 6325 on Mediation in Civil Disputes (LMCD) defines mediation as a dispute resolution method in which an impartial and independent third person, trained as a specialist, brings the parties together to talk and negotiate using systematic techniques, opens communication between them so that they understand each other and produce their own solution, and may also put forward a proposed solution where the parties cannot find one themselves (LMCD Art. 2).

Under Turkish law, mediation applies to private law disputes arising from matters over which the parties can freely dispose; disputes with a foreign element are also covered (LMCD Art. 1/2). As a rule the parties are free to apply to a mediator, continue the process, conclude it or withdraw from it, subject to the cases in which the law makes mediation a pre-condition to a lawsuit (LMCD Art. 3/1). Two types of mediation are therefore distinguished in practice:

The aim of the mediation process is to resolve the dispute faster and at lower cost, to keep control in the hands of the parties and to conduct the process in confidence: Unless otherwise agreed, the mediator, the parties and anyone else attending the meetings must keep confidential the information and documents they learn during the process (LMCD Art. 4).

Who Is a Mediator, and Who Can Become One in Turkey?

Under Turkish law, a mediator is a natural person who conducts the mediation and is registered in the Mediators Registry kept by the Ministry of Justice (LMCD Art. 2). A lawyer who is not on the registry cannot use the title of mediator or act as a mediator, even after completing the training and the exam. The requirements for registration as a mediator are as follows (LMCD Art. 20/2):

• Being a Turkish citizen with full legal capacity,
• Being a law graduate with at least five years of professional seniority,
• Not having been convicted of the offences listed in the law, and having no affiliation or connection with terrorist organisations,
• Completing the mediation training and passing the written exam held by the Ministry of Justice.

With the amendment made by Law No. 7531, which entered into force on 14.11.2024, lawyers with twenty years of professional seniority are exempt from the written exam; they must still complete the training and meet the other requirements. Under Turkish law, the mediator performs the role carefully, impartially and in person, observes equality between the parties, and cannot later act as a lawyer for either party in a lawsuit about the same dispute (LMCD Art. 9). At the start of the process, the mediator must inform the parties about the principles, the process and the consequences of mediation (LMCD Art. 11).

Qualities of a Good Mediator

How to Apply for Mediation in Turkey

In Turkey, an application for mediation follows a different route depending on whether the dispute falls under mandatory mediation. In mandatory mediation the application is filed with the mediation bureau at the courthouse, or, where there is no bureau, with the registry of the Civil Court of Peace designated for this task (LMCD Art. 18/A/4). In voluntary mediation, as a rule the parties choose the mediator themselves (LMCD Art. 14). In mandatory mediation in Turkey, a mediation application goes through the following steps:

The other party may object to the bureau’s jurisdiction at the latest at the first meeting by submitting documents; the file is then sent to the Civil Court of Peace, which decides on the competent bureau with final effect within one week at the latest (LMCD Art. 18/A/8). A party unable to pay the mediator’s fee may obtain legal aid by decision of the Civil Court of Peace where the bureau is located (LMCD Art. 13/3).

Mediation Deadlines in Turkey and Their Effect on Limitation Periods

After a mediation application is made in Turkey, the time the mediator has to complete the mediation process depends on the type of dispute. The period runs from the date of the mediator’s appointment:

Limitation Periods and Time Bars in Turkey

In mandatory mediation under Turkish law, from the application to the mediation bureau until the date the final report is drawn up, the limitation period stops and time bars do not run (LMCD Art. 18/A/15). If an interim injunction or a precautionary attachment was obtained before the lawsuit, the deadline for filing the main lawsuit after that order also does not run during the same period (LMCD Art. 18/A/16).

In voluntary mediation, too, the time between the start and the end of the mediation process is not counted in calculating limitation periods and time bars under Turkish law (LMCD Art. 16/2). However, this effect arises from the start of the process, not merely from making an offer: Before a lawsuit, the process starts on the date on which it is recorded in writing that the parties were invited to the first meeting and agreed to continue the process (LMCD Art. 16/1). If no positive answer is given to an offer to apply to a mediator within 30 days, the offer is deemed rejected (LMCD Art. 13/2) and time limits keep running.

Mediation After a Lawsuit Is Filed in Turkey

Under Turkish law, mediation is possible not only before a lawsuit but also while the case is pending; the court may also inform the parties about mediation and encourage them to use it (LMCD Art. 13/1). If, after the lawsuit is filed, the parties jointly declare that they will apply to a mediator, the court postpones the proceedings for up to three months; at the parties’ joint request this period may be extended by up to three months (LMCD Art. 15/5).

When Is an Application for Mediation Mandatory in Turkey?

In Turkey, mandatory mediation is also referred to in practice as mediation as a pre-condition to a lawsuit: In the disputes listed by law, a lawsuit filed without first applying to a mediator is dismissed on procedural grounds for lack of a pre-condition, without any further step. If the parties did apply but the original or a mediator-certified copy of the final report showing that no settlement was reached is not attached to the statement of claim, the case is not dismissed immediately; the court gives the claimant a final one-week deadline to submit it (LMCD Art. 18/A/2). Mandatory mediation was introduced in 2018 for employment disputes, in 2019 for commercial disputes, in 2020 for consumer disputes and, as of 01.09.2023, for rent, partition, condominium and neighbour disputes.

Where a special law requires arbitration or another alternative dispute resolution method, or where the parties have an arbitration agreement, applying for mediation is not a pre-condition to a lawsuit (LMCD Art. 18/A/18).

Mandatory Mediation in Employment Disputes in Turkey

In lawsuits for employee or employer receivables and compensation based on the law or on an individual or collective employment contract, and in reinstatement lawsuits, applying to a mediator first is a pre-condition; actions for the annulment of an objection, negative declaratory actions and actions for restitution relating to these receivables are also covered (Law No. 7036 Art. 3/1). For this reason, claims for severance compensation (severance and notice pay), overtime pay claims, annual leave and wage claims, and an employer’s compensation claim against an employee, for example for damage to workplace equipment, go to a mediator first under Turkish employment law. An employee who argues that no reason was given for the termination, or that the reason given was not valid, must apply to a mediator with a reinstatement claim within one month of the notification of the termination (Labour Law Art. 20/1). Journalists and seafarers also count as employees for this purpose (Law No. 7036 Art. 3/20).

Lawsuits for pecuniary and non-pecuniary damages arising from an occupational accident or occupational disease, and the related determination, objection and recourse actions, do not require an application for mediation (Law No. 7036 Art. 3/3). An employee authorised in writing by the employer may also attend the meetings, represent the employer and sign the final report (Law No. 7036 Art. 3/18).

Mandatory Mediation in Commercial Disputes in Turkey

Among the commercial cases listed in Art. 4 of the Turkish Commercial Code (TCC) and in other laws, applying to a mediator before filing a lawsuit is a pre-condition in receivable, compensation, annulment of objection, negative declaratory and restitution actions whose subject is a sum of money (TCC Art. 5/A/1). So not every commercial case is subject to mandatory mediation in Turkey — only those whose subject is money. The mediator concludes the application within six weeks; where necessary the period may be extended by up to two weeks (TCC Art. 5/A/2). If there is no settlement, the final report drawn up by the mediator opens the way to filing a lawsuit.

Mediation as a Pre-Condition in Consumer Disputes in Turkey

In disputes heard by the consumer courts, applying to a mediator before filing a lawsuit is a pre-condition (Law No. 6502 Art. 73/A/1). However, the mandatory mediation rules do not apply to the following under Turkish consumer law:

• Disputes within the remit of the consumer arbitration committees,
• Objections to decisions of the consumer arbitration committees,
• Cases listed in paragraph six of Article 73 of the Law and cases listed in Article 74,
• Disputes that qualify as consumer transactions and concern rights in rem over immovable property.

The costs and attorney’s fee sanction applied to a party who does not attend the first meeting does not apply against the consumer (Law No. 6502 Art. 73/A/2). The mediation fee payable by the consumer is covered from the Ministry of Justice budget, up to the amount of the two-hour fee (Law No. 6502 Art. 73/A/3).

Rent, Partition, Condominium and Neighbour Disputes in Turkey

Under Turkish law, since 01.09.2023, applying to a mediator before filing a lawsuit has also been a pre-condition in the following disputes (LMCD Art. 18/B/1). A large part of real estate law disputes fall within this scope:

If a settlement is reached in these four groups, obtaining an enforceability annotation on the settlement agreement is mandatory; for agreements on immovable property it is obtained from the Civil Court of Peace where the property is located, and for the others from the Civil Court of Peace where the mediator serves (LMCD Art. 18/B/3). Under Turkish law, the Article 18/B rules do not apply to cases that were already pending before the first instance courts, the Regional Courts of Appeal and the Court of Cassation on the date they entered into force (LMCD Provisional Art. 3).

What Is Voluntary Mediation in Turkey?

Voluntary mediation is mediation under Turkish law that the parties choose of their own will although the law does not require it. The parties may try to resolve any private law dispute over which they can freely dispose through voluntary mediation, before or during a lawsuit (LMCD Arts. 1/2, 13/1). The mediator is chosen by the parties, who may also freely agree on the procedure provided they do not breach mandatory rules (LMCD Arts. 14, 15/2). Disputes in which voluntary mediation is often used include:

Land Registry Annotations in Property Mediation in Turkey

Under Turkish law, in mediation about transferring immovable property or creating a limited right in rem, if the parties agree in writing and the mediator records this, an annotation stating that the power of disposal is restricted is entered in the land registry at the mediator’s request. The annotation is limited to the mediation process and cannot exceed three months from the date it is entered; it is lifted at the mediator’s request if the parties fail to settle or agree to remove it, and automatically at the end of three months (LMCD Art. 17/B/2). An enforceability annotation must be obtained on the settlement agreement from the Civil Court of Peace where the property is located; once it is granted, either party may ask the Land Registry Office for registration without an official deed being drawn up (LMCD Arts. 17/B/4, 6).

Which Disputes Can Be Mediated in Turkey?

Mediation is possible only in private law disputes over which the parties can freely dispose; disputes involving an allegation of domestic violence are not suitable for mediation under Turkish law (LMCD Art. 1/2). The comparison below summarises the distinction in practice:

Actions to correct civil registry records are filed before the Civil Court of First Instance at the place of residence and heard in the presence of the civil registry director or an officer they appoint (Law No. 5490 Art. 36); as they concern public order, they cannot be the subject of mediation in Turkey. The postponement of bankruptcy, for its part, was abolished by Law No. 7101 in 2018.

Who Attends Mediation Meetings in Turkey, and Is Attendance Compulsory?

In Turkey, the parties may attend mediation negotiations in person, through their legal representatives or through their lawyers; experts who can help resolve the dispute may also be present (LMCD Art. 15/6). If one of the parties is a public administration, it is represented by a commission made up of two members designated by the head of the administration and the head of the legal unit, or a lawyer or legal adviser designated by them (LMCD Art. 15/8).

In voluntary mediation attendance is not compulsory; an offer not accepted within 30 days is deemed rejected. In mandatory mediation, however, failing to attend the first meeting without a valid excuse has serious consequences under Turkish law (LMCD Art. 18/A/11):

• The party who does not attend is named in the final report.
• Even if that party wins the case in whole or in part, it is liable for half of the litigation costs the other party would have to pay.
• Only half of the attorney’s fee calculated under the Minimum Attorney Fee Tariff is awarded in its favour (as of 14.11.2024, under Law No. 7531).
• If neither party attends the first meeting, each party bears its own litigation costs in the lawsuit filed later.

These sanctions do not apply against the consumer (Law No. 6502 Art. 73/A/2).

Mediator’s Fees in Turkey: Who Pays?

The mediator’s fee payable after a mediation application is set by the Mediation Minimum Fee Tariff published every year in Turkey; because it varies with the type of dispute, the number of parties and the amount agreed, we do not quote figures on this page. The payment rules differ by type of mediation:

Final Report, Settlement Agreement and Enforceability Annotation in Turkey

The Final Mediation Report in Turkey

Under Turkish law, mediation ends in cases such as the parties settling, failing to settle, being unreachable or not attending, and the outcome is recorded in a final report. The report is signed by the mediator, the parties, their legal representatives or their lawyers; if they do not sign, it is signed by the mediator alone, stating the reason (LMCD Art. 17/2). In mandatory mediation in Turkey, if there is no settlement the claimant must attach the original or a certified copy of this report to the statement of claim.

The Settlement Agreement in Turkey

Under Turkish legislation, if the parties settle, they decide the scope of the settlement themselves; the settlement agreement is signed by the parties and the mediator, and no lawsuit can be filed by the parties on the matters agreed (LMCD Arts. 18/1, 18/5). It is therefore important to draft the agreement clearly, specifically for the dispute and in an enforceable form, setting out items such as the amount, due date, delivery and waived claims one by one.

How to Obtain an Enforceability Annotation in Turkey

In Turkey, the parties may ask for an annotation of enforceability on the settlement agreement; an agreement bearing this annotation counts as a document with the force of a court judgment and can be the subject of enforcement proceedings based on a judgment. In mediation before a lawsuit, the annotation is requested from the Civil Court of Peace where the mediator serves; in mediation during a lawsuit, from the court hearing the case (LMCD Art. 18/2). Under Turkish law the annotation is a non-contentious matter; the review is as a rule made on the file, with a hearing in family law disputes suitable for mediation, and is limited to whether the content of the agreement is suitable for mediation and for compulsory enforcement. The application and any appeal against the decision are subject to a fixed fee (LMCD Art. 18/3).

Except where the law makes the annotation mandatory, a settlement agreement signed together by the parties, their lawyers and the mediator, or in commercial disputes by the lawyers and the mediator, has the force of a court judgment without an annotation (LMCD Art. 18/4). For agreements on transferring property or limited rights in rem, and in rent, partition, condominium and neighbour disputes, obtaining the annotation is mandatory (LMCD Arts. 17/B/4, 18/B/3).

Can Foreigners Apply for Mediation in Turkey?

Yes — under Turkish law, the LMCD expressly covers private law disputes with a foreign element (LMCD Art. 1/2); people who are not Turkish citizens can also apply for mediation in Turkey and attend the meetings through their lawyers. In a dispute within the scope of mandatory mediation, a foreign party must also make an application for mediation before filing a lawsuit; otherwise the lawsuit is dismissed on procedural grounds. For parties living outside Turkey, conducting the meetings through a lawyer and using an interpreter where needed is a practical solution; you can find more on our online legal services and Turkish citizenship and immigration law pages.

Mediation Support from C&B Law Firm in Turkey