Mandatory Mediation in Turkey: A Pre-condition for Legal Success

For many foreign investors and expatriates, the traditional route to justice in Turkey used to be a long, multi-year journey through the court system. However, as of 2026, the landscape has shifted. Under Turkish Law, you can no longer simply “file a lawsuit” for most commercial, labor, or real estate disputes. Mandatory mediation has become a strictly enforced “cause of action” (dava şartı). Failure to comply with this step results in the immediate procedural dismissal of your case.

1. The Scope: When is Mediation Mandatory?

Turkish law mandates mediation for three primary categories of disputes that frequently involve foreign parties:

• Labor Disputes: Claims for wages, severance pay, notice pay, or re-employment. (Note: Occupational accidents are excluded).
• Commercial Disputes: Any claim involving a monetary receivable or compensation regulated under the Turkish Commercial Code.
• Real Estate & Rental Disputes: Disputes arising from lease agreements, the sharing of immovable property, or neighborly rights (introduced in 2023 and expanded in 2026).

2. The Process: Step-by-Step

The mandatory mediation process is designed to be swift and professional:

1. Application: The claimant applies to the “Mediation Bureau” (Arabuluculuk Bürosu) at the relevant courthouse.
2. Appointment: A mediator is appointed from an official list. While the bureau usually appoints one randomly, the parties can agree on a specific mediator from the list.
3. The Meetings: The mediator facilitates negotiations. Meetings can be held in person or via teleconference—a major advantage for foreign parties who are not physically present in Turkey.
4. Final Protocol: If an agreement is reached, a “Settlement Agreement” (Anlaşma Belgesi) is signed. If not, a “Final Protocol of Non-Agreement” is issued, which is the “ticket” required to file a lawsuit.

3. Strict Timelines (2026 Standards)

Time is of the essence in mandatory mediation. The law imposes strict deadlines on the mediator:

• Commercial Disputes: Must be finalized within 6 weeks (+2 weeks extension in special cases).
• Labor & Consumer Disputes: Must be finalized within 3 weeks (+1 week extension).

Pro Tip: During the mediation process, all statutes of limitations (zamanaşımı) and prescription periods are suspended. You do not lose your right to sue while trying to settle.

4. The “No-Show” Penalty: A Trap for the Unwary

Turkish law imposes a severe penalty for failing to attend the first mediation meeting without a valid excuse (Article 18/A of Law No. 6325):

• Even if you eventually sue and win the case, the court will order you to pay all litigation costs and will deny you any official attorney fees.
• For foreign parties, this makes it vital to ensure your Turkish legal representative has a Specific Power of Attorney that explicitly includes the authority to “settle and represent in mediation.”

5. Legal Strength of the Settlement

The output of a successful mandatory mediation is not just a piece of paper; it is a legally binding document.

• Enforceability: Once the parties and their lawyers sign the protocol, it can be certified by the court as an “Enforceable Title” (İcra Edilebilirlik Şerhi).
• Finality: You cannot file a lawsuit for a matter that has already been settled in mediation. It has the same legal weight as a final court judgment.
• Confidentiality: Everything said during the meetings is strictly confidential and cannot be used as evidence in a future court case.

6. The 2026 Reality: Singapore Convention

Turkey is a signatory to the Singapore Convention on Mediation. This is a game-changer for foreign companies. It allows a settlement agreement reached through mediation in Turkey to be enforced across borders in other signatory countries, providing an extra layer of security for international commercial deals.

Summary Checklist for Foreign Parties

• Check the Requirement: Before suing your Turkish partner or employee, confirm if mandatory mediation applies to your claim.
• Power of Attorney: Ensure your lawyer’s POA specifically mentions “Mediation” (Arabuluculuk).
• Be Prepared: Bring your evidence to the table. Mediation is not just a formality; it is a real opportunity to save years of legal fees.
• Attend the First Meeting: Never ignore a mediator’s invitation, even if you have no intention of settling.

Conclusion

Mandatory mediation in Turkey is no longer an “alternative”; it is the primary gatekeeper of the judicial system. For foreigners, it offers a fast-track resolution that respects the confidentiality of commercial secrets. Embracing this process with a strategic mindset—rather than seeing it as a procedural hurdle—is the key to successful dispute resolution in the Turkish market.