Confidentiality in Turkish Mediation Law: Rights and Obligations of the Parties

Introduction

Confidentiality is one of the fundamental principles of mediation under Turkish law. Parties are more likely to negotiate openly, disclose their commercial or personal interests and make realistic settlement proposals when they know that statements made during mediation will not automatically become public or be used against them in later court or arbitration proceedings.

The main rules governing confidentiality in Turkish mediation law are contained in Law No. 6325 on Mediation in Civil Disputes. Article 4 regulates the confidentiality obligation, while Article 5 governs the inadmissibility and non-disclosure of certain statements and documents created or presented specifically for mediation.

Under the Turkish mediation framework, confidentiality is not limited to the mediator. Depending on their role in the process, parties, lawyers, legal representatives, employees, experts, interpreters and other participants may also be required to protect information obtained during mediation.

Confidentiality applies in both voluntary and mandatory mediation. Therefore, the fact that a party is legally required to apply to mediation before litigation does not remove the confidential character of the negotiations.

The protection is particularly important in employment disputes, commercial debt claims, shareholder conflicts, consumer disputes, rental disagreements, inheritance matters, real estate mediation and international commercial negotiations. These cases may involve salary records, internal company information, trade secrets, customer lists, technical documents, property valuations, family arrangements and sensitive settlement proposals.

However, confidentiality is not absolute in every circumstance. The parties may agree on different confidentiality terms within legal limits. Disclosure may also become necessary where it is required for implementation or enforcement of the settlement agreement, where legislation creates an obligation to report or where another recognised legal exception applies.

This article explains confidentiality in Turkish mediation law, including the persons bound by confidentiality, the information protected, private meetings with the mediator, the prohibition on using mediation statements as evidence, commercial secrets, personal data, online mediation, settlement agreements, legal consequences of breach and practical precautions for Turkish and foreign parties.

What Does Confidentiality Mean in Turkish Mediation?

Confidentiality means that information obtained or produced during the mediation process must not generally be disclosed outside the process or used for purposes inconsistent with the mediation.

Article 4 of Law No. 6325 provides that, unless the parties agree otherwise, the mediator is obliged to keep confidential the information and documents presented to the mediator or otherwise obtained within the scope of the mediation activity. The same provision extends the confidentiality obligation to the parties and other persons participating in the mediation unless otherwise agreed.

Confidentiality serves several functions.

It enables the parties to:

• Speak openly about the dispute;
• Explain their actual commercial or personal interests;
• Acknowledge practical weaknesses without conceding legal liability;
• Make reduced settlement offers;
• Discuss financial capacity;
• Explore alternative solutions;
• Protect business reputation;
• Preserve ongoing relationships.

A party may be unwilling to make a settlement proposal if that proposal could later be presented to a court as proof that the party accepted responsibility. Confidentiality reduces this concern and supports genuine negotiation.

The Ministry of Justice describes confidentiality and reliability as important benefits of mediation, noting that parties may discuss matters in mediation that they may not feel comfortable discussing openly before a court.

Is Confidentiality Mandatory or Can the Parties Change It?

The statutory rule applies unless the parties agree otherwise.

This means that confidentiality is the default position under Turkish mediation law. The parties may nevertheless regulate its scope through an agreement, provided that the arrangement does not violate mandatory law, public policy or the rights of third persons.

The parties may agree that:

• Certain documents may be shared with auditors;
• A parent company may receive information;
• An insurer may be informed;
• A settlement may be disclosed to tax authorities;
• Technical experts may review specified materials;
• A public announcement may be made;
• The existence of the settlement may be disclosed but not its amount.

Any agreement modifying confidentiality should be written clearly.

A broad statement that “confidentiality does not apply” may create uncertainty and unnecessary risk. The parties should instead identify:

• Which information may be disclosed;
• To whom disclosure may be made;
• For what purpose;
• During which period;
• Whether further disclosure is prohibited;
• Which documents remain confidential.

Even where the parties permit disclosure, separate legal duties relating to personal data, trade secrets, banking secrecy, professional secrecy or employment records may continue to apply.

Who Is Bound by Confidentiality?

Confidentiality is not solely the mediator’s responsibility.

The statutory confidentiality framework may apply to:

• The mediator;
• The parties;
• Lawyers;
• Legal representatives;
• Company representatives;
• Employees participating in the meeting;
• Experts;
• Interpreters;
• Technical advisers;
• Other persons attending the process.

Law No. 6325 extends the confidentiality obligation to parties and other participants unless the parties agree otherwise.

Each participant should understand the obligation before gaining access to sensitive documents or attending a meeting.

For complex commercial disputes, a confidentiality protocol may be signed by everyone participating in the process.

The protocol may address:

• Permitted use of information;
• Document security;
• Recording prohibition;
• Return or destruction of documents;
• Internal company disclosure;
• Protection of trade secrets;
• Consequences of breach.

The Mediator’s Confidentiality Obligation

The mediator has a central duty to maintain confidentiality.

The mediator may receive information through:

• Initial applications;
• Telephone calls;
• Emails;
• Joint meetings;
• Private sessions;
• Written settlement proposals;
• Financial records;
• Technical documents;
• Draft agreements.

The mediator must not disclose this information without permission unless a legal exception applies.

The mediator’s confidentiality duty is also supported by the Turkish Mediators’ Ethical Rules, which emphasise impartiality, professional integrity and proper protection of information obtained during mediation.

The duty continues after the mediation ends. It does not disappear merely because:

• No agreement was reached;
• A lawsuit was later filed;
• The mediator’s appointment ended;
• The parties stopped communicating;
• The underlying commercial relationship terminated.

A mediator should therefore continue protecting mediation information after the final report is issued.

Confidentiality Obligations of the Parties

Parties are also required to protect information learned during mediation.

A party should not:

• Publish the other party’s settlement offer;
• Share private meeting statements on social media;
• Circulate mediation correspondence to unrelated persons;
• Use confidential documents for competitive purposes;
• Disclose trade secrets to customers or competitors;
• Threaten public disclosure to obtain a better settlement;
• Secretly record meetings.

The confidentiality obligation is particularly important where one party receives information that would not otherwise have been available.

For example, a company may disclose temporary liquidity difficulties to explain why it requires an instalment plan. The creditor should not use that confidential disclosure to damage the company’s reputation or alert competitors unless disclosure is legally justified.

Similarly, an employer may disclose internal restructuring plans. An employee should not automatically publish that information merely because it was mentioned during mediation.

Confidentiality Obligations of Lawyers

Lawyers participating in mediation are bound by both mediation confidentiality and their independent professional secrecy obligations.

A lawyer may need to share information with:

• The client;
• Other authorised lawyers working on the matter;
• An approved expert;
• An authorised company decision-maker.

However, the lawyer should not disclose mediation information to persons who do not need it for representation.

A lawyer should also advise the client about:

• What may be discussed publicly;
• Which documents may be used later;
• Whether internal reporting is permitted;
• How confidential drafts should be stored;
• Whether a proposed disclosure requires consent.

The Ministry of Justice’s guidance confirms that parties may participate through lawyers with the necessary authority. Legal representation does not remove the confidential nature of the process.

Confidentiality in Joint Meetings

In a joint mediation meeting, both sides hear the statements made in the presence of the mediator.

These statements remain within the protected mediation environment unless the parties agree otherwise or a legal exception applies.

Joint discussions may include:

• Legal positions;
• Settlement offers;
• Payment capacity;
• Evidence strengths and weaknesses;
• Future commercial arrangements;
• Emotional concerns;
• Operational difficulties.

A party should not assume that the presence of the opposing side makes the discussion public.

The information is known to the participants, but that does not necessarily mean that it may be freely disclosed outside the mediation.

Confidentiality in Private Meetings

The mediator may meet separately with each party. These sessions are often called private sessions or caucuses.

Private meetings are particularly important because a party may wish to explain:

• Its real settlement limit;
• Internal approval difficulties;
• Concerns about evidence;
• Financial problems;
• Personal motivations;
• Possible alternative proposals.

Information disclosed during a private session should not normally be shared with the other party without permission.

The mediator should clarify:

• Whether the information is confidential;
• Which parts may be communicated;
• How a proposal may be presented;
• Whether the mediator may disclose the existence of a concern without revealing details.

For example, a debtor may privately tell the mediator that it can pay a larger amount if the deadline is extended. The mediator should not disclose the precise financial information unless authorised.

The confidentiality of private sessions is essential to maintaining trust in the mediator.

What Information Is Protected?

Confidentiality may cover a broad range of information connected with mediation.

Protected information may include:

• Settlement offers;
• Counteroffers;
• Draft settlement terms;
• Admissions made for negotiation;
• Explanations of litigation risk;
• Internal financial information;
• Personal data;
• Employment records;
• Trade secrets;
• Customer information;
• Technical documents;
• Business plans;
• Property valuations;
• Family arrangements;
• Statements made in private sessions;
• Notes prepared solely for mediation.

The protection depends on the origin, purpose and nature of the information.

The fact that a document is discussed in mediation does not automatically make the underlying document confidential if it existed independently before the mediation.

This distinction is central to Turkish mediation law.

Pre-Existing Evidence Versus Mediation-Only Material

Article 5 of Law No. 6325 protects specific statements and documents produced in connection with mediation from being used as evidence or compelled in later proceedings.

However, a document that already existed independently does not become inadmissible merely because it was presented during mediation.

For example, the following documents may remain usable in court if they were independently created:

• Employment contract;
• Commercial agreement;
• Invoice;
• Bank statement;
• Lease agreement;
• Title deed;
• Delivery record;
• Email correspondence;
• Expert report;
• Termination notice.

By contrast, the following may be protected if created solely for mediation:

• Settlement proposal;
• Concession made during negotiations;
• Draft compromise calculation;
• Statement admitting part of the claim for settlement purposes;
• Document prepared solely to facilitate negotiations;
• Indication that a party was willing to mediate.

The distinction prevents parties from hiding ordinary evidence simply by bringing it into mediation.

Prohibition on Using Mediation Statements as Evidence

One of the strongest confidentiality protections is the restriction on using certain mediation statements and documents in later court, arbitration or administrative proceedings.

Article 5 of Law No. 6325 generally prevents parties, mediators and participating third persons from presenting or testifying about specified mediation information. The protected categories include invitations to mediate, willingness to participate, settlement views, proposals, admissions and documents prepared exclusively for mediation.

The purpose is to prevent parties from being punished for negotiating openly.

For example, an employer may offer a payment equal to several months’ salary to resolve a termination dispute. This offer should not automatically be treated as proof that the termination was unlawful.

Similarly, a debtor may offer to pay part of a disputed invoice to avoid litigation costs. The proposal should not necessarily be used as an admission that the entire invoice is valid.

Can a Court Order Disclosure of Mediation Information?

The statutory framework limits the ability of courts, arbitral tribunals and administrative authorities to compel disclosure of protected mediation information.

A request for evidence should be evaluated in light of Article 5.

Where information falls within the protected categories, it should not generally be ordered or relied upon merely because it may be useful to one party.

However, the protection should not be interpreted as preventing the use of independently existing evidence.

A party cannot avoid producing an ordinary business record simply by claiming that it was also discussed during mediation.

Can the Mediator Be Called as a Witness?

The mediator should not ordinarily be used as a witness to prove what happened during confidential negotiations.

Calling the mediator to testify about:

• Settlement offers;
• Admissions;
• Private discussions;
• Negotiation positions;
• Reasons for rejecting settlement

would undermine the mediation process.

The protection under Article 5 supports the principle that mediators and participants should not be compelled to disclose protected mediation communications.

A mediator may nevertheless need to verify formal matters in limited circumstances, such as the authenticity of a signed settlement document or compliance with a legally required procedure. The scope of any disclosure must be assessed carefully.

Confidentiality in Mandatory Mediation

Mandatory mediation is confidential in the same way as voluntary mediation.

The fact that legislation requires a party to apply before filing a lawsuit does not make the meetings public.

This principle applies to mandatory mediation involving:

• Employment disputes;
• Commercial disputes;
• Consumer claims;
• Rental disputes;
• Co-ownership disputes;
• Condominium disputes;
• Neighbourhood disputes.

The final report may state whether the parties agreed, failed to agree, attended or did not attend. It should not normally disclose detailed settlement proposals or private negotiations.

Official Ministry of Justice templates and guidance are structured around recording the procedural outcome rather than revealing confidential negotiation content.

Confidentiality in Employment Mediation

Employment mediation may involve sensitive information such as:

• Salary;
• Performance evaluations;
• Disciplinary records;
• Medical information;
• Workplace complaints;
• Harassment allegations;
• Internal restructuring;
• Termination reasons;
• Settlement calculations.

Both employees and employers should protect this information.

An employer should not disclose an employee’s personal or health-related information unnecessarily.

An employee should not misuse internal company information disclosed during negotiations.

Where a settlement includes confidentiality or non-disparagement obligations, the clause should be drafted carefully and should not unlawfully prevent the employee from exercising statutory rights or communicating with competent authorities.

Confidentiality in Commercial Mediation

Commercial mediation may involve highly valuable business information.

Examples include:

• Trade secrets;
• Pricing models;
• Profit margins;
• Supplier lists;
• Customer data;
• Business strategy;
• Unreleased products;
• Software source code;
• Manufacturing methods;
• Financing arrangements;
• Restructuring plans.

Parties may require additional safeguards beyond the general statutory rule.

These may include:

• Limited document access;
• Secure data rooms;
• Confidentiality undertakings;
• Redaction of sensitive details;
• Expert-only review;
• Return or destruction of documents;
• Prohibition on copying.

A settlement should also address whether confidentiality continues after performance.

Trade Secrets in Mediation

Trade secrets deserve particular protection because improper disclosure may cause permanent commercial damage.

Before disclosing a trade secret, a party should ask:

• Is disclosure necessary?
• Can the information be summarised?
• Can sensitive figures be redacted?
• Should only the mediator see it?
• Should an independent expert review it?
• Is an additional confidentiality agreement necessary?

A company should not assume that the general existence of mediation eliminates every commercial security risk.

Documents should be marked appropriately and shared only with authorised persons.

Personal Data and Turkish Mediation

Mediation may involve personal data protected under Turkish data protection legislation.

Personal data may include:

• Identity information;
• Address;
• Financial information;
• Employment history;
• Health records;
• Family information;
• Communication records;
• Customer data.

Participants should process such data only to the extent necessary for the mediation and legal representation.

Parties should consider:

• Lawful basis for processing;
• Data minimisation;
• Secure transmission;
• Storage duration;
• Access control;
• Cross-border transfer;
• Destruction after the process.

Confidentiality and data protection are related but separate obligations. A disclosure may violate data protection rules even if the parties have agreed to relax mediation confidentiality.

Health and Special Categories of Personal Data

Employment, insurance and healthcare disputes may involve highly sensitive personal information.

Examples include:

• Medical diagnosis;
• Disability;
• Treatment records;
• Psychological assessments;
• Occupational health information.

Such information should be shared only where necessary.

The parties may agree that:

• Only lawyers and the mediator may review the records;
• Medical documents will be redacted;
• A summary report will be used;
• Documents will not be copied;
• The records will be destroyed after conclusion.

The settlement should not include unnecessary medical details if a general description is sufficient.

Confidentiality in Online Mediation

Online mediation creates additional confidentiality risks.

Potential risks include:

• Unauthorised recording;
• Screen capture;
• Third persons in the room;
• Insecure internet connection;
• Misuse of shared links;
• Unprotected document transfer;
• Cloud storage outside Turkey;
• Accidental disclosure through email.

Before an online meeting, participants should confirm:

• Identity of everyone present;
• Recording prohibition;
• Private meeting environment;
• Secure platform;
• Headphone use;
• Document-sharing method;
• Password protection;
• Treatment of chat records;
• Deletion of temporary files.

A participant should not attend from an open office, café or public area where confidential discussions may be overheard.

Recording Mediation Meetings

Secret recording of mediation meetings creates serious legal and ethical concerns.

Recording may violate:

• Mediation confidentiality;
• Privacy rights;
• Data protection obligations;
• Criminal law provisions, depending on the circumstances;
• Agreed mediation protocol.

The safest rule is that no audio or video recording should be made unless all relevant participants have expressly agreed and the recording is legally permitted.

Even where consent exists, the parties should determine:

• Purpose of recording;
• Who may access it;
• Storage period;
• Whether copies may be made;
• When it will be deleted;
• Whether it may be used in enforcement.

In most cases, formal written minutes and signed settlement documents are safer than recording the entire negotiation.

Confidentiality of the Final Report

The mediator prepares a final report at the conclusion of the process.

The report may indicate:

• Agreement;
• Partial agreement;
• Non-agreement;
• Non-attendance;
• Inability to contact a party;
• Another procedural reason for termination.

The final report should not unnecessarily reveal:

• Detailed offers;
• Admissions;
• Private statements;
• Reasons for rejection;
• Internal financial data.

Only information necessary to establish the procedural result should be recorded.

A detailed narrative of the negotiation may undermine confidentiality and create later disputes.

Is the Settlement Agreement Confidential?

A mediation settlement agreement is not automatically identical to confidential negotiation material.

The parties should separately determine whether:

• The existence of the agreement is confidential;
• The terms are confidential;
• The settlement amount may be disclosed;
• Disclosure to tax authorities is permitted;
• Disclosure to auditors or insurers is permitted;
• Enforcement disclosure is allowed;
• A public statement may be issued.

Some disclosure may be necessary to:

• Make payment;
• Obtain corporate approval;
• Comply with tax obligations;
• Obtain an enforceability annotation;
• Register a property right;
• Start enforcement proceedings;
• Inform a competent authority.

The confidentiality clause should recognise these practical needs.

Confidentiality and Enforceability

A party seeking to enforce a settlement may need to submit the agreement to a court or enforcement office.

This does not necessarily mean that every negotiation detail must become public.

The party should disclose only the documents and information necessary for enforcement.

A well-drafted confidentiality clause should permit disclosure:

• To courts;
• To enforcement offices;
• To land registries;
• To tax authorities;
• To professional advisers;
• Where required by law;
• To the extent necessary for performance.

Without such exceptions, a broad confidentiality clause may conflict with the practical need to implement the settlement.

Confidentiality Clauses in Settlement Agreements

A settlement confidentiality clause should define:

• Confidential information;
• Permitted recipients;
• Permitted purposes;
• Legal disclosure exceptions;
• Duration;
• Return or destruction of documents;
• Remedies for breach.

An example structure may cover:

• Negotiations;
• Settlement amount;
• Commercial information;
• Personal data;
• Documents produced during mediation;
• Public statements.

The clause should not be so broad that it unlawfully prevents a party from:

• Complying with legislation;
• Reporting criminal conduct;
• Cooperating with regulators;
• Obtaining legal advice;
• Enforcing the agreement;
• Exercising mandatory employment rights.

Non-Disparagement Clauses

Parties sometimes include non-disparagement provisions.

A non-disparagement clause generally restricts harmful or insulting public statements.

The clause should distinguish between:

• False or harmful statements;
• Good-faith legal complaints;
• Statements required by law;
• Communications with courts or authorities;
• Internal professional reporting;
• Accurate tax or financial disclosure.

An excessively broad clause may be difficult to enforce and may conflict with mandatory rights.

Exceptions to Confidentiality

Confidentiality is a strong principle, but it is not absolute.

Potential exceptions may arise where:

• The parties consent to disclosure;
• Disclosure is necessary to implement the settlement;
• Disclosure is necessary to obtain enforceability;
• Legislation requires reporting;
• A competent authority lawfully requests information;
• Protection of life or serious physical safety is involved;
• The information concerns independently existing evidence;
• Public policy requires limited disclosure.

The applicability of an exception should be assessed narrowly.

A party should not rely on a general claim of “public interest” to disclose private settlement negotiations without a clear legal basis.

Criminal Conduct and Confidentiality

Mediation cannot be used to conceal or eliminate criminal liability.

Where discussions reveal possible criminal conduct, complex questions may arise concerning:

• Reporting duties;
• Professional secrecy;
• Public safety;
• Evidence preservation;
• Rights of victims;
• Confidentiality obligations.

The mediator and parties should obtain legal advice before disclosing or withholding such information.

The fact that a matter was discussed in mediation does not automatically prevent public authorities from investigating independently available evidence.

Breach of Confidentiality by the Mediator

A mediator who unlawfully discloses confidential information may face several types of responsibility.

Depending on the circumstances, consequences may include:

• Civil liability;
• Disciplinary consequences;
• Removal or suspension from the mediator register;
• Ethical sanctions;
• Criminal liability where statutory conditions exist.

The exact remedy depends on:

• Nature of the information;
• Person receiving it;
• Damage caused;
• Intent or negligence;
• Applicable professional and criminal rules.

A party alleging breach should preserve evidence of the disclosure and obtain legal advice promptly.

Breach of Confidentiality by a Party

A party who breaches confidentiality may also face legal consequences.

Potential claims may include:

• Compensation for financial loss;
• Compensation for reputational harm;
• Contractual penalty;
• Injunction or prevention of further disclosure;
• Data protection complaint;
• Criminal complaint where applicable;
• Enforcement of a confidentiality clause.

The claimant may need to prove:

• Existence of the confidentiality obligation;
• Unlawful disclosure;
• Identity of the disclosing party;
• Damage;
• Causal connection.

A carefully drafted settlement or participation agreement makes enforcement easier.

Contractual Penalties for Breach

Parties may agree on a contractual penalty for confidentiality violations.

The clause should specify:

• What constitutes breach;
• Amount or calculation method;
• Whether proof of damage is required;
• Whether additional damages may be claimed;
• Whether each disclosure creates a separate breach;
• Which court or tribunal has jurisdiction.

The penalty should not be excessive or contrary to mandatory law.

A court may review the validity or amount under applicable Turkish contract law principles.

Remedies Against Ongoing Disclosure

Where confidential information is being published or distributed, monetary compensation may not be sufficient.

A party may consider seeking:

• Interim injunction;
• Removal of online content;
• Prohibition of further disclosure;
• Preservation of evidence;
• Data protection remedies;
• Contractual enforcement.

The appropriate remedy depends on the nature of the information, urgency and platform involved.

Mediation confidentiality does not automatically remove the need for urgent court protection.

Confidentiality and Corporate Reporting

Companies may need to report mediation developments internally.

Permitted internal recipients may include:

• Board of directors;
• General counsel;
• Finance department;
• Audit committee;
• Compliance officer;
• Insurer;
• External auditor.

Internal disclosure should be limited to persons who genuinely need the information.

The company should use:

• Confidential labels;
• Restricted access;
• Secure storage;
• Clear instructions against onward disclosure.

The mediation protocol may expressly permit necessary corporate reporting.

Confidentiality for Foreign Companies

Foreign companies participating in Turkish mediation should consider both Turkish law and the laws of their home jurisdiction.

Issues may include:

• International data transfer;
• Foreign disclosure obligations;
• Stock-exchange rules;
• Group-company reporting;
• Insurance notification;
• Regulatory filings;
• Litigation disclosure abroad.

A cross-border confidentiality agreement should address:

• Governing law;
• Controlling language;
• Permitted cross-border transfers;
• Data hosting;
• Corporate recipients;
• Legal disclosure obligations;
• Enforcement jurisdiction.

Foreign companies should not assume that Turkish confidentiality rules automatically resolve every foreign-law disclosure issue.

Confidentiality and the Singapore Convention

An international commercial settlement may be enforced under the Singapore Convention where the statutory conditions are satisfied.

A party seeking enforcement may need to provide:

• The signed settlement;
• Evidence that it resulted from mediation;
• Translation;
• Corporate authority documents;
• Other required materials.

Confidentiality should not prevent disclosure that is reasonably necessary for lawful enforcement.

The settlement should therefore permit disclosure to competent courts and authorities for recognition and enforcement purposes.

Practical Precautions Before Mediation

Before mediation begins, the parties should consider the following precautions.

Identify Confidential Information

Each party should determine which information is sensitive.

Limit Disclosure

Only information necessary for negotiation should be shared.

Use Written Protocols

A mediation confidentiality agreement may supplement the statutory rules.

Verify Participants

Every person attending should be identified and authorised.

Protect Documents

Documents should be password-protected or shared through secure systems.

Clarify Private Sessions

The mediator should explain what may and may not be shared.

Avoid Unnecessary Detail

Sensitive personal or commercial information should be summarised where possible.

Plan Enforcement

The confidentiality clause should allow lawful implementation and enforcement.

Practical Precautions During Mediation

During the process, parties should:

• Avoid secret recording;
• Keep meetings private;
• Mark confidential documents;
• Use secure email;
• Limit copying;
• Obtain permission before sharing caucus information;
• Record settlement terms carefully;
• Avoid informal public statements.

A participant should immediately raise concerns if an unauthorised person is present or a document has been sent to the wrong recipient.

Practical Precautions After Mediation

After mediation ends, the parties should:

• Secure final documents;
• Delete unnecessary temporary files;
• Return confidential materials where agreed;
• Inform authorised internal recipients;
• Avoid public discussion;
• Follow settlement disclosure rules;
• Preserve documents needed for enforcement;
• Monitor compliance with confidentiality obligations.

The end of the mediation meeting does not end confidentiality.

The Role of a Turkish Mediation Lawyer

A Turkish mediation lawyer may assist by:

• Explaining statutory confidentiality;
• Preparing a confidentiality protocol;
• Identifying protected information;
• Reviewing personal data risks;
• Advising on document disclosure;
• Participating in private sessions;
• Drafting settlement confidentiality clauses;
• Protecting trade secrets;
• Coordinating foreign-law obligations;
• Seeking remedies after breach.

Legal assistance is particularly important in high-value commercial, employment, shareholder, technology, healthcare and international disputes.

Frequently Asked Questions

Is mediation confidential in Turkey?

Yes. Confidentiality is a core statutory principle under Article 4 of Law No. 6325.

Is only the mediator bound by confidentiality?

No. Parties and other participants may also be bound unless the parties agree otherwise.

Can the parties change the confidentiality rules?

They may agree on the scope of confidentiality within applicable legal limits.

Can a settlement offer be used as evidence?

Settlement offers and views expressed specifically during mediation are generally protected under Article 5.

Does an invoice become confidential because it was shown in mediation?

No. A document that existed independently does not become inadmissible merely because it was presented during mediation.

Can the mediator disclose information from a private meeting?

The mediator should not disclose caucus information without the relevant party’s permission.

Can mediation meetings be recorded?

Recording should not occur without express agreement and legal review.

Is the final report confidential?

It should contain only the procedural outcome and should not unnecessarily reveal negotiation details.

Is the settlement agreement confidential?

It may be confidential if the parties agree, but necessary disclosure for performance, taxation or enforcement should be permitted.

What happens if confidentiality is breached?

Civil, contractual, disciplinary, data protection or criminal consequences may arise depending on the circumstances.

Does confidentiality continue after mediation?

Yes. The obligation generally continues after the process ends.

Can a foreign company share mediation information with its parent company?

This should be regulated by the parties’ confidentiality arrangement and applicable data protection rules.

Conclusion

Confidentiality in Turkish mediation law is one of the principal safeguards that allows parties to negotiate openly and realistically.

Article 4 of Law No. 6325 establishes the confidentiality obligation for mediators and, unless otherwise agreed, for parties and other participants. Article 5 protects specified mediation statements and documents from disclosure or use as evidence in later proceedings.

The protection applies in both voluntary and mandatory mediation.

Confidential information may include:

• Settlement offers;
• Admissions made for negotiation;
• Private caucus statements;
• Financial information;
• Employment records;
• Trade secrets;
• Personal data;
• Draft settlement terms;
• Documents prepared solely for mediation.

However, confidentiality does not make all pre-existing evidence unusable. Contracts, invoices, bank records, emails and other documents created independently remain potentially admissible even if they were discussed during mediation.

The parties should also distinguish between confidentiality of negotiations and confidentiality of the final settlement agreement. A settlement may need to be disclosed for payment, tax compliance, corporate reporting, court approval, registration or enforcement.

For this reason, confidentiality clauses should contain carefully drafted exceptions for lawful implementation and enforcement.

Parties participating in mediation should:

• Identify sensitive information;
• Limit disclosure;
• Verify participants;
• Protect electronic documents;
• Avoid secret recording;
• Clarify private-session confidentiality;
• Draft specific confidentiality provisions;
• Preserve enforcement rights.

A breach may result in civil liability, contractual penalties, disciplinary consequences, data protection sanctions or criminal responsibility depending on the circumstances.

Foreign companies should additionally consider cross-border data transfers, corporate reporting obligations, foreign regulatory duties and enforcement abroad.

An experienced Turkish mediation lawyer can protect confidential information throughout the process, structure document disclosure, advise on trade secrets and personal data and prepare settlement clauses that are both protective and practical.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Turkish mediation, data protection, contract and procedural legislation may change. The confidentiality obligations applicable to a specific dispute should be evaluated according to the participants, documents, settlement terms and legislation in force on the relevant date.