Mediation in Turkey: Mandatory Mediation, Procedure & Enforcement
1) Why mediation matters for individuals and businesses in Turkey
Mediation is no longer a “nice-to-have” option in many disputes in Turkey—it is often the fastest path to a legally secure outcome and, in several categories, it is a mandatory step before filing a lawsuit. When used strategically, mediation can:
- resolve conflicts in weeks rather than years,
- reduce legal costs and uncertainty,
- protect commercial relationships and reputations,
- produce a settlement that can be enforced like a court judgment (when legal requirements are met).
Whether an employer facing a labor claim, a company trying to collect a receivable, or a landlord/tenant in conflict—mediation can be a controlled environment where you remain in charge of the outcome instead of delegating the result entirely to litigation risk.
2) The legal basis: what “mediation” means under Turkish law
The cornerstone legislation is Law No. 6325 on Mediation in Civil Disputes. Under this framework, mediation is designed for private-law disputes where parties can freely dispose of their rights (in other words, disputes that can legally be settled by agreement).
Core principles you should know
Turkish mediation law is built on principles that directly protect clients:
- Voluntariness and party autonomy: Parties can enter, continue, or end the process based on their will (with special rules where mediation is a legal precondition to sue).
- Confidentiality: Mediation communications are generally protected; the mediator and participants have confidentiality duties.
- Inadmissibility in court: Offers, admissions, or documents created solely for mediation are generally not meant to be used as evidence later—this encourages open negotiation without fear.
These safeguards make mediation especially attractive in disputes involving sensitive commercial terms, employment relationships, family-sensitive financial issues (where disposable), or reputation concerns.
3) Mandatory mediation (“dava şartı”): when you MUST apply before filing a lawsuit
Turkey uses “mandatory mediation” as a procedural precondition for certain disputes. If a dispute falls within a mandatory category, the claimant must apply to the mediation bureau and attach the final minutes (son tutanak) showing “no settlement” to the lawsuit petition—otherwise the case can be rejected on procedural grounds.
3.1) Mandatory mediation under Law No. 6325, Article 18/A
Article 18/A sets the procedural engine for mandatory mediation whenever another law says “mediation is a precondition.” It also regulates how the process is initiated, how parties are invited, and how the final minutes function in court proceedings.
3.2) Mandatory mediation for certain civil disputes under Article 18/B
As of the reforms that introduced Article 18/B, Turkey also made mediation mandatory in specific civil dispute categories, including (summary):
- Lease-related disputes (with an important exception for certain eviction routes via non-judicial enforcement),
- Partition and dissolution of co-ownership (movables/immovables),
- Disputes arising from the Condominium Law,
- Neighbor-right disputes.
Importantly, Article 18/B also imposes special rules for settlement documents involving immovables (more on enforcement below).
4) The “big three” mandatory mediation areas clients face most often
A) Labor disputes: mandatory mediation under Law No. 7036 (Labor Courts Act)
In many employer–employee conflicts, mediation is a precondition before going to court—commonly for employee receivables and reinstatement-related disputes, subject to the statute’s scope and exceptions.
What clients should expect in practice
- You apply to the mediation bureau; a mediator is appointed; parties are invited to the first session.
- The process has statutory time discipline (designed to avoid endless negotiation).
- If no agreement is reached, the mediator issues the final minutes and litigation may follow.
Why labor mediation can be especially efficient
Labor disputes often have a settlement “sweet spot” because both sides face litigation cost risk, time risk, and evidentiary uncertainty (payroll records, overtime proof, termination grounds, etc.). Mediation lets parties structure a deal that a court cannot: installments, confidentiality clauses, non-disparagement, mutual releases, reference letters, and tax/social-security planning (where lawful).
B) Commercial disputes: mandatory mediation for money claims (Turkish Commercial Code Article 5/A)
For many commercial cases involving payment of money (commercial receivables, contractual payment disputes, etc.), mediation is a precondition before filing a lawsuit.
Client advantage: In commercial receivables, mediation can be used as a disciplined “last negotiation” phase—often resulting in:
- payment plans with default clauses,
- agreed interest and currency terms,
- collateral or security arrangements,
- a fast enforceable instrument (depending on signatures and enforceability requirements).
C) Lease / co-ownership / condominium / neighbor disputes (Article 18/B categories)
These disputes are very common in real estate-heavy markets and in large cities like İstanbul. Mandatory mediation here is designed to reduce the court load and encourage workable neighborhood and occupancy solutions.
Practical outcomes clients often achieve
- revised payment schedules for rent arrears,
- repair/maintenance obligations and timelines,
- controlled move-out dates and handover conditions,
- rules for shared use of common areas,
- settlement of partition disputes with buy-out formulas.
5) Step-by-step: what happens in a mediation in Turkey?
Even though the legal rules differ slightly by dispute type, a typical mediation journey looks like this:
Step 1: Application to the mediation bureau
In mandatory categories, the process begins with an application to the relevant bureau. The system appoints a mediator (or parties may agree on a mediator from the list).
Step 2: Invitation and first session
The mediator contacts parties using available communication channels and invites them to the first meeting.
Step 3: Negotiation sessions (one or more)
Sessions may be joint or separate (caucus). In complex commercial matters, evidence review and deal-structuring can occur—while maintaining confidentiality protections.
Step 4: Settlement or “no settlement” final minutes
- If parties settle: a settlement document (anlaşma belgesi) is signed.
- If they do not: the mediator issues final minutes showing no settlement, which is then used to satisfy the precondition for litigation.
6) Time limits, limitation periods, and urgent measures
Limitation periods and deadlines
A major client protection in mandatory mediation is that limitation periods and peremptory time limits are suspended during the mediation period—from application until the final minutes are issued.
Urgent court protection (injunctions / attachments)
If urgent measures are needed (e.g., injunction, provisional attachment), the law coordinates mediation with those filing deadlines so that clients are not punished for complying with the mediation prerequisite.
7) Costs and mediator fees: what clients should budget for
7.1) The tariff system
Mediator fees are regulated through an official tariff mechanism. Under Turkish law, the mediator is entitled to a fee calculated according to applicable rules and the tariff.
For up-to-date minimum fee figures, the 2026 Mediation Minimum Fee Tariff was published and should be used when budgeting.
7.2) Who pays—and what happens if mediation ends quickly?
In mandatory mediation, the law contains specific cost allocations, including scenarios where:
- parties cannot be reached,
- parties do not attend,
- meetings last less than a threshold time,
- or the dispute proceeds beyond certain time limits.
7.3) Non-attendance and cost consequences (updated rules)
A common client question: “What if the other side refuses to attend?”
Turkish law attaches financial consequences to unjustified non-attendance at the first meeting in mandatory mediation. Recent reforms adjusted the severity of this sanction—moving from “all litigation costs even if you win” to a more proportionate framework (for example, liability for half of certain costs and partial attorney-fee consequences), depending on the rule set and the specific mandatory mediation regime.
The Constitutional Court of Turkey has also reviewed the proportionality of cost sanctions in this field, influencing legislative adjustments.
8) The settlement agreement: when it becomes enforceable like a court judgment
Mediation is valuable only if the result is legally secure. Turkey addresses this through enforceability rules.
8.1) Standard enforceability: “icra edilebilirlik şerhi” and “ilam niteliğinde belge”
In general, the law allows mediation settlements to become directly enforceable without a full trial, but enforceability depends on formal requirements—especially who signs the settlement and whether an enforceability annotation is required.
A key client-friendly takeaway: If the settlement is executed in the legally required format, it can be enforced like a judgment, which dramatically reduces enforcement time and uncertainty.
8.2) Special rule for disputes involving immovable property and Article 18/B settlements
For Article 18/B disputes, the law introduces stricter oversight for settlement documents involving immovables, including mandatory enforceability annotation requirements and jurisdiction rules for where the annotation is obtained.
8.3) Practical land registry impact
Recent legislative changes also address what happens after enforceability annotation, enabling a party to proceed with certain land registry steps after the annotation under defined conditions.
9) International / cross-border angle: mediated settlements with a foreign element
Turkey has specific provisions concerning international mediated settlement agreements, including a framework tied to the UN Convention on International Settlement Agreements Resulting from Mediation (often called the “Singapore Convention” approach). Turkish law references approval via legislation and sets a pathway for obtaining enforceability annotation from designated commercial courts.
For foreign investors and cross-border commercial clients, this is crucial: a well-structured settlement can be positioned for enforceability, but it must be drafted with jurisdiction, signature authority, and enforceability mechanics in mind.
10) How to prepare for mediation like a professional (what we advise clients)
Clients tend to get better outcomes when they treat mediation as negotiation + legal engineering, not as “an informal chat.” Here are high-impact preparation steps:
Bring the right documents
- contract(s), invoices, delivery/acceptance records,
- correspondence (email/WhatsApp) relevant to claims/defenses,
- payroll records (labor cases), bank statements, expense proofs,
- title deed extracts / management plans (condominium disputes),
- expert reports or preliminary calculations when needed.
Know your decision-making authority
In corporate disputes, ensure the attendee has signing authority or that a clear approval mechanism exists. Delays and “I must ask headquarters” often kill settlements.
Define settlement boundaries
- your best alternative to a negotiated agreement (BATNA),
- minimum acceptable outcome,
- red lines (confidentiality, non-disparagement, future cooperation, collateral).
Draft a settlement that can actually be enforced
A settlement should be written like a “mini judgment”:
- precise payment dates, amounts, currency, interest,
- default clauses and acceleration terms,
- mutual release scope and exceptions,
- jurisdiction / enforcement language where appropriate,
- signatures aligned with enforceability rules.
11) Common mistakes that cost clients money (and how to avoid them)
- Treating mandatory mediation as a box-ticking exercise
If you show up unprepared, you often miss your best settlement window and drift into expensive litigation. - Weak settlement drafting
A vague settlement is an enforcement nightmare. You may “win” a settlement and still struggle to collect. - Ignoring cost sanctions for non-attendance
Non-attendance can backfire financially under Turkish procedural rules. - Wrong assumptions about confidentiality and evidence
Mediation has strong protections, but clients should still negotiate carefully and under legal guidance.
12) FAQ
Is mediation always mandatory in Turkey?
No. Mediation is mandatory only for specific dispute categories defined by law (for example, many labor disputes, many commercial money claims, and certain civil disputes such as lease and condominium matters).
How long does mediation take?
Mandatory mediation is designed to move quickly, with statutory discipline and procedural rules that limit delays. Timelines vary by dispute complexity, but it is typically measured in weeks rather than years.
What happens if we do not reach an agreement?
The mediator issues final minutes showing no settlement, and (if the dispute is in a mandatory category) you may then file a lawsuit by attaching those minutes.
Does mediation stop limitation periods?
In mandatory mediation, limitation periods and peremptory deadlines are suspended between application and final minutes.
Is a mediation settlement enforceable like a court judgment?
It can be—if formal requirements are met (signatures, enforceability annotation rules, and special rules for certain dispute types).
What does mediation cost?
Fees are regulated through a tariff mechanism and depend on the dispute type and time spent; the current minimum fee figures should be checked in the latest tariff (e.g., 2026 tariff).
What if the other party refuses to attend?
Mandatory mediation rules create cost consequences for unjustified non-attendance, and recent reforms adjusted those consequences to a more proportionate structure.
Can mediation be used in disputes involving immovable property transfers?
Turkish law recognizes mediation for disputes involving transfer of immovables or establishment of limited real rights under specific conditions and procedures.
13) Closing: why legal guidance still matters in “amicable” dispute resolution
Mediation is fast, but it is not “simple.” The real value is not only negotiating a number—it is securing an enforceable, risk-managed agreement that closes the dispute comprehensively. If you approach mediation with a litigation mindset (evidence, leverage, cost risk, enforceability), you often reach a better result—and you reach it sooner.
Disclaimer: This article is for general information and does not constitute legal advice. The applicable rules and strategy depend on the dispute type, forum, and facts.
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