The Legal Status and Responsibilities of Mediators in Turkey

Introduction

The legal status and responsibilities of mediators in Turkey are governed primarily by Law No. 6325 on Mediation in Civil Disputes, the Regulation on the Law on Mediation in Civil Disputes, the Turkish Mediators’ Code of Ethics and the administrative rules issued by the Mediation Department of the Ministry of Justice.

A mediator is not a judge, arbitrator, legal representative or decision-maker. The mediator does not determine which party is legally right, impose a binding judgment or compel the parties to accept a particular settlement. The mediator’s central function is to create and manage a structured negotiation process in which the parties can identify their interests, communicate effectively and develop their own settlement terms.

The Ministry of Justice expressly describes the mediator as a neutral third person who does not decide the dispute. The parties themselves retain control over whether a settlement will be concluded and what that settlement will contain.

Although the mediator does not exercise judicial authority, the role carries significant legal and ethical responsibility. The mediator may receive confidential commercial documents, medical records, employment information, personal data and settlement proposals. The mediator may also prepare official reports, manage statutory deadlines and participate in the signing of an agreement that may subsequently become enforceable as a document equivalent to a court judgment.

The mediator must therefore act with:

• Independence;
• Impartiality;
• Professional competence;
• Confidentiality;
• Care and diligence;
• Equality toward the parties;
• Respect for voluntary decision-making;
• Compliance with statutory procedure.

Failure to comply with these obligations may result in administrative inspection, warning, removal from the mediators’ register, contractual liability, tort liability and, in serious cases, criminal responsibility.

This article explains the legal status and responsibilities of mediators in Turkey, including registration requirements, neutrality, independence, conflicts of interest, confidentiality, professional care, the duty to inform, procedural management, document preparation, fees, supervision, disciplinary consequences and potential civil or criminal liability.

What Is a Mediator Under Turkish Law?

Under Turkish mediation law, a mediator is a real person registered in the official Mediators’ Register maintained within the Ministry of Justice system.

The mediator conducts mediation as a professionally trained neutral third party. The mediator uses systematic techniques to facilitate communication and negotiation between the parties and, where necessary, helps them generate possible solutions.

The mediator’s role is procedural rather than adjudicative.

This means that the mediator:

• Organises the process;
• Establishes communication rules;
• Identifies the subjects in dispute;
• Helps the parties clarify their interests;
• Facilitates settlement negotiations;
• Protects procedural balance;
• Prepares the required reports and documents.

The mediator does not ordinarily:

• Decide the case;
• Assess guilt or innocence;
• Issue a judgment;
• Order payment;
• Compel settlement;
• Represent one of the parties;
• Guarantee a particular outcome.

Law No. 6325 governs mediation in private-law disputes, including disputes containing a foreign element, provided that the parties may freely dispose of the subject matter.

Is a Mediator a Public Official?

A mediator is not a judge and does not act as a court.

Mediation is a private-law dispute-resolution process regulated and supervised by the state. The mediator performs a regulated professional activity and is subject to the Ministry of Justice’s registration, supervision and ethical framework.

The mediator may be appointed:

• Directly by the parties in voluntary mediation;
• Through a courthouse mediation office in mandatory mediation;
• From an official specialist list where specialisation rules apply.

The fact that a mediator is appointed through a courthouse mediation office does not convert the mediator into a judge or a public adjudicator.

The mediator remains a neutral facilitator whose authority is limited by:

• Law No. 6325;
• The applicable Regulation;
• Ethical rules;
• Party autonomy;
• The subject matter of the dispute;
• The procedural mandate.

However, certain documents prepared by the mediator have official procedural consequences. For example, the final report may establish whether mandatory mediation was completed before litigation. This increases the importance of accuracy, identity verification and proper record-keeping.

The Mediator’s Professional and Contractual Status

In voluntary mediation, the legal relationship between the mediator and the parties contains contractual elements.

The mediator undertakes to provide a professional dispute-resolution service in accordance with:

• The law;
• Ethical rules;
• The mediation agreement;
• Professional standards;
• The principle of care.

The mediator does not promise that a settlement will be reached.

The obligation is generally an obligation to conduct the process properly, not an obligation to produce a successful result.

Accordingly, the mere fact that mediation ends without agreement does not mean that the mediator has breached a duty.

Liability may arise where the mediator fails to perform the professional service with the required legal and ethical care.

Examples may include:

• Disclosure of confidential information;
• Failure to disclose a serious conflict of interest;
• Falsification of a report;
• Signing on behalf of a party without authority;
• Misrepresentation of the legal effect of a document;
• Gross procedural negligence;
• Intentional unequal treatment.

Requirements for Becoming a Mediator in Turkey

A person cannot legally perform mediation services under Law No. 6325 merely by describing themselves as a mediator.

Registration in the official Mediators’ Register is required.

The statutory and administrative framework includes conditions concerning:

• Turkish citizenship;
• Legal education;
• Full legal capacity;
• Professional seniority;
• Criminal record;
• Completion of mediation training;
• Success in the relevant examination or satisfaction of the applicable registration route;
• Compliance with registration procedures.

Official Ministry of Justice examination materials have listed core requirements such as Turkish citizenship, graduation from a law faculty or completion of legally required equivalency courses and possession of full legal capacity.

The exact registration requirements must be examined according to the legislation and administrative announcements in force on the application date.

The Regulation covers mediator training, examinations, registration, supervision and the organisation of the relevant Ministry bodies.

The Mediators’ Register

The official Mediators’ Register is maintained under the authority of the Ministry of Justice.

Registration allows the person to perform mediation activities under the statutory system.

The register serves several functions:

• Verification of professional status;
• Assignment in mandatory mediation;
• Public identification of authorised mediators;
• Monitoring of compliance;
• Supervision and disciplinary administration;
• Specialist-list organisation.

Parties should confirm that the person conducting the process is registered.

The Ministry of Justice provides an official mediator search system through the Mediation Department.

A person removed from the register cannot continue presenting themselves as an authorised mediator under the statutory framework.

Specialist Mediators

Modern mediation practice in Turkey includes specialist areas.

A mediator may receive specialist training and be listed in areas such as:

• Employment law;
• Commercial law;
• Consumer law;
• Insurance law;
• Construction law;
• Intellectual property;
• Healthcare law;
• Energy and mining;
• Banking and finance.

Specialisation does not transform the mediator into a judge or expert witness.

A specialist mediator is still responsible for facilitating negotiation rather than deciding the legal dispute.

However, specialist knowledge may help the mediator:

• Understand the terminology;
• Identify the real issues;
• Ask effective questions;
• Manage technical documents;
• Recognise when expert assistance is needed;
• Prevent legally impossible settlement structures.

A mediator must not use specialist knowledge to pressure the parties into accepting the mediator’s personal legal opinion.

Independence of the Mediator

Independence means that the mediator must remain free from relationships or pressures that could improperly affect the process.

A mediator should not conduct the case where the mediator has a personal, professional, financial or other connection that compromises independence.

Possible concerns include:

• Family relationship with a party;
• Financial interest in the outcome;
• Existing business relationship;
• Prior legal representation;
• Employment relationship;
• Close friendship or hostility;
• Connection with an insurer, employer or company involved;
• Expectation of future work from one party.

The Turkish Mediators’ Code of Ethics forms an integral part of the professional framework for registered mediators and is deemed accepted by persons entered in the Mediators’ Register.

The mediator should assess independence both before accepting the appointment and throughout the process.

A conflict may arise after mediation begins. In such a case, the mediator should disclose the relevant circumstances and determine whether continued service is legally and ethically appropriate.

Impartiality

Impartiality requires the mediator to treat all parties without bias.

The mediator must not favour:

• The economically stronger party;
• The employer over the employee;
• The bank over the customer;
• A Turkish party over a foreign party;
• A represented party over an unrepresented party;
• A repeat institutional participant over an individual claimant.

Impartiality does not mean that the mediator must speak to each party for exactly the same number of minutes or use identical communication techniques.

The mediator may need to take reasonable procedural steps to preserve balanced participation.

For example, the mediator may:

• Ensure that one party is not repeatedly interrupted;
• Explain the process more clearly to an unrepresented party;
• Arrange an interpreter;
• Conduct private sessions;
• Ask whether a party needs legal advice;
• Postpone signing where informed consent is doubtful.

These measures do not amount to legal representation. Their purpose is to protect the fairness and integrity of the process.

Equality of the Parties

Equality is a fundamental principle of mediation.

The mediator must provide each party with a meaningful opportunity to:

• Understand the procedure;
• Present their concerns;
• Receive relevant settlement proposals;
• Consult a lawyer;
• Review the proposed agreement;
• Decide freely whether to settle.

The mediator should not permit one party to use the process as a tool of intimidation.

Possible warning signs include:

• Threats;
• Extreme time pressure;
• Concealment of the settlement text;
• Refusal to allow consultation with counsel;
• Language barriers;
• Questions concerning legal capacity;
• Significant misunderstanding of the document.

The mediator is not responsible for eliminating every difference in bargaining power. Commercial parties often have different financial strength.

The mediator is responsible for ensuring that the procedure itself is conducted with equality and without improper manipulation.

The Duty to Disclose Conflicts of Interest

A mediator should disclose circumstances that may create reasonable doubt about independence or impartiality.

Disclosure should be:

• Timely;
• Clear;
• Sufficiently detailed;
• Made before substantive negotiations where possible.

Examples may include:

• Prior professional work for a party;
• Membership in the same organisation;
• Previous mediation involving one party;
• Financial connection;
• Personal relationship;
• Partnership with a lawyer in the case.

Not every remote or insignificant connection automatically prevents the mediator from serving.

The key issue is whether the circumstances could reasonably affect or appear to affect neutrality.

Where the parties choose to continue after informed disclosure, the mediator should still consider whether professional integrity permits continuation.

Consent of the parties does not necessarily cure every serious conflict.

The Duty to Inform the Parties

The mediator must explain the mediation process.

The information should cover matters such as:

• The mediator’s role;
• Voluntary decision-making;
• Equality;
• Confidentiality;
• The possibility of joint and private sessions;
• The parties’ right to legal advice;
• Fees;
• The effect of agreement or non-agreement;
• The legal significance of the final report;
• The enforceability of a settlement document where relevant.

The mediator should make clear that the mediator does not replace a party’s lawyer.

The parties should understand that:

• They may refuse a settlement;
• They may request time to review;
• They may consult independent counsel;
• They should read the agreement before signing;
• The agreement may prevent later litigation concerning the settled matters.

The Ministry of Justice publishes sample information records and mediation templates intended to support proper procedural practice.

Voluntary Decision-Making

The parties control the settlement decision.

Even in mandatory mediation, the obligation is generally to complete the procedural application before filing the covered lawsuit. It is not an obligation to reach agreement.

The mediator must not force a party to settle.

Improper pressure may include:

• Threatening that the court will certainly reject the case;
• Falsely claiming that settlement is legally compulsory;
• Misrepresenting the cost consequences;
• Preventing legal consultation;
• Refusing to record non-agreement;
• Conditioning procedural completion on acceptance of a proposal.

The mediator may:

• Test the realism of positions;
• Ask risk-based questions;
• Encourage consideration of costs and delay;
• Help compare alternatives;
• Invite settlement proposals.

The mediator must not take control of the final decision.

Can a Mediator Make a Settlement Proposal?

The mediator’s principal role is facilitative.

The Ministry’s public guidance emphasises that the mediator does not decide the dispute and that the parties produce their own solution.

Under the applicable statutory framework, a mediator may, where the parties are unable to produce a solution, present a proposed resolution within the legally permitted boundaries.

This power should be exercised carefully.

A proposal should not be:

• Presented as a judgment;
• Imposed on the parties;
• Misrepresented as legally mandatory;
• Based on undisclosed bias;
• Used to pressure a weaker party.

The parties remain free to:

• Accept;
• Reject;
• Modify;
• Ignore the proposal.

A mediator’s proposal does not become binding unless the parties voluntarily incorporate it into an agreement.

The Duty of Professional Care

The mediator must perform the service with professional care and diligence.

This includes:

• Preparing for the case;
• Reviewing the application information;
• Contacting the parties properly;
• Verifying identity and authority;
• Managing deadlines;
• Maintaining accurate records;
• Using appropriate communication techniques;
• Protecting confidentiality;
• Preparing the final report accurately;
• Avoiding misleading legal statements.

The Ministry of Justice has publicly warned mediators to conduct proceedings with the care and sensitivity required by the profession and has stated that identified breaches may lead to supervisory measures and warning sanctions. Continued non-compliance may result in removal from the register under Article 21 of Law No. 6325.

Verification of Identity

The mediator should verify the identity of the persons attending.

This may require examination of:

• National identity card;
• Passport;
• Company documents;
• Trade registry records;
• Signature circular;
• Power of attorney;
• Guardianship decision;
• Corporate resolution;
• Electronic signature information.

Identity verification is critical because the mediator may sign a final report and a settlement document with significant legal effects.

Special care is needed in:

• Online mediation;
• Foreign-party mediation;
• Corporate representation;
• Guardianship cases;
• Multi-party disputes;
• Settlements involving property or high-value assets.

The mediator should not rely solely on an informal email name where the identity of the participant affects legal validity.

Verification of Representative Authority

A person attending on behalf of another must have adequate authority.

The mediator should distinguish between authority to:

• Attend;
• Negotiate;
• Make proposals;
• Settle;
• Release claims;
• Accept debt;
• Withdraw proceedings;
• Transfer property;
• Sign the settlement agreement.

A lawyer may need express authority for certain procedural or substantive acts.

A company employee may attend but lack authority to bind the company.

A manager may be subject to joint-signature rules.

A family member may not automatically represent another relative.

The mediator is not expected to issue a judicial ruling on disputed authority. The mediator must take reasonable steps to confirm that the document is being signed by persons with apparent and legally sufficient authority.

Confidentiality

Confidentiality is one of the mediator’s most important responsibilities.

Information obtained during mediation may include:

• Settlement proposals;
• Admissions;
• Financial records;
• Trade secrets;
• Medical information;
• Employment records;
• Family matters;
• Personal data;
• Litigation strategies.

Law No. 6325 establishes confidentiality obligations and restricts the use of specified mediation statements and documents in later litigation or arbitration.

The mediator should not disclose confidential information to:

• The public;
• The media;
• Other clients;
• Unauthorised family members;
• Employers;
• Business partners;
• Other parties in unrelated disputes.

Confidentiality continues after the mediation ends.

Confidentiality in Private Sessions

A mediator may hold a private session with one party.

Information provided in a private session should not be disclosed to the other party without permission, unless disclosure is legally required.

The mediator should explain the confidentiality rule before the private meeting begins.

A party may say:

• “You may communicate this offer.”
• “You may disclose the amount but not the reason.”
• “This information is confidential and cannot be shared.”

The mediator should clarify what may and may not be communicated.

Careless disclosure of private-session information may destroy trust and create legal responsibility.

Exceptions to Confidentiality

Confidentiality is not absolute in every situation.

Disclosure may be required or permitted where:

• Legislation requires it;
• Enforcement of the settlement makes disclosure necessary;
• A court requests legally admissible information;
• Criminal conduct creates a statutory reporting issue;
• Protection of life or physical safety is involved;
• The parties validly consent within legal limits.

The mediator should interpret exceptions narrowly and seek legal guidance where necessary.

The mediator should not promise absolute secrecy beyond what the law permits.

Evidentiary Restrictions

Law No. 6325 protects specified mediation-related materials from later evidentiary use.

Protected material may include:

• Settlement offers;
• Statements made solely for mediation;
• Admissions made during negotiations;
• Documents created specifically for mediation.

Pre-existing evidence does not become inadmissible merely because it was presented during mediation.

For example:

• A pre-existing invoice remains evidence;
• A medical report remains evidence;
• A written employment contract remains evidence;
• A photograph remains evidence.

The mediator should avoid giving inaccurate advice that all documents shown during mediation become permanently unusable.

Personal Data Protection

Mediators process personal data.

Depending on the case, this may include:

• Identity information;
• Contact details;
• Financial data;
• Health data;
• Employment records;
• Criminal allegations;
• Family information;
• Company records.

The mediator should adopt reasonable data-protection practices.

These may include:

• Secure storage;
• Password protection;
• Limited access;
• Secure transmission;
• Avoiding unnecessary copying;
• Appropriate destruction or retention;
• Protection of online meeting links;
• Avoidance of unauthorised recordings.

Sensitive data should not be circulated casually through unsecured communication channels.

The Prohibition on Recording

Mediation meetings should not be secretly or routinely recorded.

Recording may undermine:

• Confidentiality;
• Candour;
• Trust;
• Evidentiary protections;
• Personal data rights.

The mediator should explain the applicable rule at the beginning of online and in-person sessions.

Participants should be instructed not to make audio, video or screen recordings without lawful authority and informed agreement.

The mediator should also consider whether third persons are present outside the camera view during online sessions.

Duty to Protect Free and Informed Consent

A settlement is meaningful only if the parties understand and voluntarily accept it.

The mediator should be alert to circumstances affecting consent, including:

• Serious language difficulty;
• Illiteracy;
• Cognitive impairment;
• Extreme distress;
• Medication;
• Threats;
• Lack of authority;
• Misunderstanding of the settlement scope;
• Inability to read the document.

The mediator is not a medical expert and does not make a formal capacity determination.

However, where serious doubt exists, the mediator should not proceed mechanically to signature.

Appropriate steps may include:

• Postponement;
• Interpreter;
• Legal consultation;
• Clarification;
• Request for representative documents;
• Termination of the process where necessary.

Language and Interpreter Issues

The mediator must ensure that each party can participate meaningfully.

Where a party does not understand Turkish sufficiently, an interpreter may be needed.

The mediator should consider:

• Interpreter identity;
• Independence;
• Confidentiality;
• Accuracy;
• Cost;
• Whether the interpreter has a relationship with a party;
• Whether the settlement should be bilingual.

A family member may not be suitable as interpreter where the dispute involves sensitive information or conflicting interests.

The final agreement should clearly identify which language version prevails where multiple versions are signed.

The Mediator’s Responsibility in Online Mediation

Online mediation creates additional responsibilities.

The mediator should verify:

• Identity;
• Authority;
• Confidentiality of the environment;
• Security of the communication platform;
• Participation of unauthorised persons;
• Electronic signature method;
• Document integrity.

The mediator should ask participants whether:

• They are alone;
• They can speak freely;
• They understand the no-recording rule;
• They have access to the full settlement text;
• They can sign through a legally valid method.

Technical convenience should not weaken procedural safeguards.

Managing the Process

The mediator has broad procedural-management responsibilities.

These may include:

• Scheduling meetings;
• Inviting the parties;
• Determining whether joint or private sessions are appropriate;
• Establishing respectful communication;
• Identifying the issues;
• Summarising positions neutrally;
• Managing emotional escalation;
• Clarifying proposals;
• Recording agreement or non-agreement.

The mediator may structure the process flexibly, subject to the law and equality.

The mediator should not allow the process to become:

• A hostile interrogation;
• A disguised deposition;
• A platform for threats;
• A method of collecting evidence unfairly;
• A delay tactic.

Duty to Prevent Abuse of the Process

A party may attempt to use mediation improperly.

Examples include:

• Obtaining confidential commercial information;
• Delaying litigation;
• Avoiding a limitation deadline;
• Pressuring an employee;
• Concealing assets;
• Creating false records;
• Contacting a represented party improperly;
• Pretending to negotiate while preparing immediate enforcement.

The mediator cannot investigate every hidden intention.

The mediator should nevertheless take reasonable action where abuse becomes apparent.

Possible responses include:

• Clarification of rules;
• Refusal to transmit threats;
• Private warning;
• Suspension;
• Termination;
• Accurate recording of procedural outcome.

The Duty to Remain Within the Scope of Mediation

The mediator should determine whether the dispute is legally suitable for mediation.

Law No. 6325 applies to private-law disputes where the parties may freely dispose of the subject matter.

A mediator should not attempt to settle matters that cannot lawfully be resolved by private agreement.

Potential examples include:

• Certain public-law powers;
• Criminal responsibility;
• Rights belonging to non-participating persons;
• Matters governed exclusively by mandatory status rules;
• Transactions prohibited by law.

The mediator should distinguish between:

• A private compensation claim arising from an event; and
• Public, criminal or administrative consequences of that event.

The parties may settle compensation without eliminating the authority of public institutions.

Domestic Violence Allegations

Disputes containing domestic violence allegations require particular caution.

Law No. 6325 excludes disputes containing allegations of domestic violence from the ordinary statutory mediation scope.

A mediator should not treat such a matter as an ordinary negotiable family dispute.

Where violence, intimidation or serious safety concerns become apparent, the mediator should consider:

• Whether the process must end;
• Whether the matter is legally mediable;
• Whether participation is genuinely voluntary;
• Whether safety measures are needed;
• Whether the parties should be directed to appropriate legal protection.

The Mediator Is Not the Lawyer of Either Party

Many mediators in Turkey are law graduates and may also be practising lawyers.

However, while acting as mediator, the person must not act as the lawyer of one party.

The mediator should not:

• Develop one party’s legal strategy;
• Draft claims against the other party;
• Conceal relevant procedural information from one side;
• Negotiate as an advocate;
• Advise one party to accept while privately assisting the other;
• Continue later as counsel in the same dispute contrary to applicable rules.

The mediator may provide neutral procedural information.

The mediator should recommend independent legal advice where the settlement contains significant legal consequences.

The Mediator Is Not an Expert Witness

A mediator may have specialist knowledge in construction, employment, insurance, intellectual property or another area.

The mediator should not replace an independent expert.

Where the dispute depends on:

• Medical causation;
• Engineering defects;
• Company valuation;
• Actuarial calculation;
• Handwriting authenticity;
• Technical software issues,

the parties may need a neutral expert.

The mediator may help define the expert question and coordinate the process.

The mediator should not present an unsupported technical opinion as conclusive.

Accuracy of the Final Report

The final report is a critical procedural document.

It may record:

• Agreement;
• Partial agreement;
• Non-agreement;
• Non-attendance;
• Termination for another statutory reason.

The mediator must prepare the report accurately.

The report should not falsely state:

• That a party attended when they did not;
• That agreement was reached when no valid settlement exists;
• That all claims were settled where only part was resolved;
• That a representative had authority without proper basis;
• That notices were made when they were not.

An inaccurate report may affect later litigation and may expose the mediator to administrative and legal consequences.

Responsibility When Drafting the Settlement Document

The settlement document should reflect the parties’ actual agreement.

The mediator should not add terms that were not accepted.

The document should clearly identify:

• Parties;
• Subject matter;
• Settled claims;
• Payment or performance obligations;
• Dates;
• Conditions;
• Partial settlement;
• Rights reserved.

The mediator should avoid vague expressions that create immediate enforcement problems.

Examples of vague wording include:

• “The debtor will pay as soon as possible.”
• “The employer will make a reasonable payment.”
• “The tenant will leave at an appropriate time.”
• “The parties will cooperate.”

Clear obligations should identify:

• Amount;
• Currency;
• Due date;
• Recipient;
• Property;
• Performance standard;
• Default consequence.

The Ministry’s training materials include examples of settlement documents and emphasise accurate identification of the parties, dispute and agreed terms.

The Mediator’s Signature

The mediator’s signature confirms participation in the mediation process and the preparation of the document within that process.

The mediator’s signature does not mean that the mediator:

• Guarantees performance;
• Becomes a party;
• Assumes the debt;
• Certifies every factual allegation;
• Guarantees that no later validity challenge is possible.

The mediator should not sign a document that:

• Does not reflect the parties’ agreement;
• Contains unlawful terms;
• Has not been approved by the parties;
• Is signed by an obviously unauthorised person;
• Is materially incomplete.

Legal Information and Legal Advice

The mediator may provide neutral information concerning the mediation procedure and the general legal effect of settlement.

The mediator should distinguish this from individual legal advice.

Neutral information may include:

• A settlement can become binding;
• Agreed matters may not be litigated again;
• The parties may seek legal advice;
• Certain formalities may be required;
• Enforcement may be possible.

Individual legal advice may include:

• Telling one party the exact amount they should accept;
• Advising a party to waive a claim;
• Constructing an argument against the other party;
• Interpreting the evidence solely for one side;
• Recommending a litigation strategy.

Where one party is unrepresented, the mediator should not become that party’s lawyer.

Responsibility Regarding Unlawful Settlement Terms

Party autonomy is not unlimited.

The mediator should not facilitate an agreement that is clearly unlawful.

Examples may include an agreement intended to:

• Conceal criminal proceeds;
• Evade tax unlawfully;
• Transfer property through a legally impossible method;
• Eliminate non-waivable public rights;
• Fix resale prices contrary to competition law;
• Restrict a person’s fundamental rights unlawfully;
• Bind a non-party;
• Waive a right that cannot legally be waived.

The mediator should inform the parties that required legal formalities must be completed.

Where a provision is clearly illegal, the mediator should refuse to incorporate it and may need to terminate the process.

Fees and the Mediator’s Financial Duties

The mediator is entitled to remuneration for professional services.

Fees may be determined according to:

• The Mediation Minimum Fee Tariff;
• Agreement between the mediator and parties;
• Mandatory mediation rules;
• Number of parties;
• Duration;
• Nature and value of the dispute.

The Ministry of Justice publishes the annual Mediation Minimum Fee Tariff, including the 2026 tariff.

The mediator should explain:

• Fee basis;
• Who will pay;
• Tax treatment;
• Additional expenses;
• Consequences of early termination;
• Whether the state covers a portion in mandatory mediation.

The mediator must not structure fees in a manner that compromises independence.

A fee directly dependent on pressuring the parties into settlement may create ethical concerns.

Prohibition of Misleading Advertising

A mediator should not advertise services through misleading claims.

Problematic statements may include:

• “Guaranteed settlement”;
• “Guaranteed payment”;
• “I can make the other side accept”;
• “I have special influence over the courts”;
• “The Ministry assigned me because I am better than other mediators.”

The mediator should not create the impression of judicial authority.

Professional promotion should remain accurate, dignified and consistent with ethical rules.

Record-Keeping Responsibilities

The mediator must maintain required records in accordance with the law and administrative system.

This may include:

• Appointment information;
• Contact records;
• Meeting dates;
• Final reports;
• Fee records;
• Settlement documents where applicable;
• UYAP or electronic system entries.

Records should be:

• Accurate;
• Secure;
• Confidential;
• Retained for the required period;
• Accessible only to authorised persons.

The mediator should not store unnecessary personal data indefinitely.

Communication With the Parties

Mediator communications should be professional and neutral.

The mediator should avoid:

• Threatening messages;
• Pressure;
• Informal promises;
• Taking sides;
• Disclosing one party’s confidential statements;
• Contacting represented persons in a misleading manner;
• Suggesting personal relationships with judges or officials.

Invitations and notices should clearly explain:

• Date;
• Time;
• Method of participation;
• Identity documents;
• Authority documents;
• Contact information;
• Consequences of non-attendance where legally relevant.

Attendance and Non-Attendance

In mandatory mediation, failure to attend the first meeting without a valid excuse may have procedural cost consequences under the applicable legislation.

The mediator should not exaggerate or misstate these consequences.

The mediator’s responsibility is to:

• Invite the parties properly;
• Explain the process;
• Record attendance accurately;
• Avoid false statements about sanctions;
• Prepare the final report correctly.

The mediator does not personally punish the non-attending party.

Any litigation-cost consequence is determined under the applicable law and ultimately applied by the competent court.

Supervision of Mediators

Mediators are subject to administrative supervision.

The Regulation covers supervision of mediators and training institutions, together with the functioning of the Mediation Department and Mediation Board.

The Ministry’s relevant units handle matters including:

• Register administration;
• Inspection;
• Complaints;
• Correspondence with institutions;
• Statistical records;
• Review of compliance.

The official description of the Register Office includes conducting procedures concerning mediator supervision and complaints.

A complaint may concern:

• Bias;
• Confidentiality breach;
• Improper pressure;
• False report;
• Fee misconduct;
• Conflict of interest;
• Failure to comply with procedure;
• Misleading conduct.

Warning and Removal From the Register

Law No. 6325 provides administrative consequences for non-compliance.

Depending on the nature of the breach, the mediator may receive a warning and may ultimately be removed from the register.

The Ministry has stated publicly that mediators who fail to conduct proceedings with the necessary professional care may be subject to warning and that failure to comply with the warning may lead to removal from the register under Article 21.

Removal may also arise where registration conditions are no longer satisfied or serious statutory breaches occur.

The exact procedure should be examined under the current law and Regulation.

Complaint Procedure

A party who believes that a mediator acted improperly may submit a complaint to the competent Ministry unit.

The complaint should identify:

• Mediator;
• File;
• Date;
• Alleged conduct;
• Supporting documents;
• Requested review.

Possible evidence may include:

• Written messages;
• Invitation records;
• Final report;
• Fee documents;
• Settlement text;
• Witness information;
• Electronic records.

A complaint is not the same as a lawsuit for damages or a criminal complaint.

Different procedures may be used simultaneously where the facts justify them.

Civil Liability of the Mediator

A mediator may face civil liability where a breach of duty causes legally recoverable damage.

Potential legal bases may include:

• Breach of contractual duty;
• Tort;
• Breach of confidentiality;
• Unlawful processing of personal data;
• Professional negligence.

A claimant would generally need to establish:

• A duty;
• Breach;
• Fault where required;
• Damage;
• Causal connection.

Examples may include:

• Confidential information disclosed to a competitor;
• Loss caused by a deliberately false final report;
• Damage caused by signing a fabricated settlement;
• Financial loss resulting from intentional misrepresentation;
• Unlawful disclosure of health information.

Not every procedural imperfection creates liability.

The alleged loss must be connected legally and factually to the mediator’s breach.

Criminal Responsibility

Serious mediator misconduct may also create criminal-law consequences.

Potential allegations may include:

• Forgery;
• Fraud;
• Threats;
• Unlawful disclosure of personal data;
• Breach of confidentiality;
• Destruction or concealment of evidence;
• Bribery;
• Misuse of signatures.

Whether an offence exists depends on the specific facts and criminal-law elements.

A professional disciplinary or register decision does not automatically establish criminal guilt.

Similarly, the absence of a disciplinary sanction does not automatically prevent criminal investigation.

Confidentiality Offences

Unlawful disclosure of mediation information may have consequences beyond administrative discipline.

Depending on the facts, the conduct may involve:

• Statutory confidentiality rules;
• Personal data legislation;
• Criminal-law provisions;
• Contractual liability;
• Professional ethics.

The mediator should be especially cautious when receiving:

• Medical records;
• Trade secrets;
• Employee files;
• Banking data;
• Family information;
• Criminal allegations.

Liability for Invalid Agreements

A mediator does not automatically become liable merely because a settlement is later challenged or annulled.

Parties may challenge an agreement because of:

• Fraud by one party;
• Duress;
• Lack of authority;
• Forgery;
• Mistake;
• Illegality;
• Form defects.

Mediator liability requires separate examination.

Relevant questions may include:

• Did the mediator know of the defect?
• Did the mediator participate in the misconduct?
• Was the lack of authority obvious?
• Did the mediator misrepresent the document?
• Did the mediator ignore serious capacity concerns?
• Did the mediator add unauthorised terms?

A mediator is not the guarantor of every factual statement made by the parties.

The mediator must nevertheless exercise reasonable professional care.

Liability for Missed Deadlines

Mandatory mediation contains statutory time limits and procedural consequences.

A mediator may be responsible for managing the mediation period, extensions and finalisation correctly.

Potential problems include:

• Failure to complete within the statutory period;
• Incorrect date entry;
• Delay in issuing the final report;
• Failure to notify the mediation office;
• Incorrect classification of agreement or non-agreement.

A party alleging loss must still prove that the mediator’s breach caused the loss.

Courts determine legal consequences such as limitation, procedural admissibility and damages.

Responsibility Toward Unrepresented Parties

An unrepresented party may be more vulnerable to misunderstanding.

The mediator should:

• Explain the process neutrally;
• Avoid giving partisan advice;
• Allow consultation with counsel;
• Ensure access to the full document;
• Avoid rushing signature;
• Check understanding.

The mediator should not tell an unrepresented party that a lawyer is unnecessary in every case.

Where the settlement involves:

• High-value rights;
• Real estate;
• Share transfer;
• Employment release;
• Future bodily injury;
• Cross-border obligations;
• Complex tax consequences,

independent legal advice may be especially important.

Responsibility Toward Foreign Parties

Foreign parties may face:

• Language barriers;
• Different legal expectations;
• Authority-document issues;
• Apostille requirements;
• Currency problems;
• Cross-border enforcement.

The mediator should ensure that the foreign party understands:

• The process;
• The document;
• The effect of signing;
• The controlling language;
• The payment currency;
• The enforcement consequences.

The mediator should not assume that attendance with an interpreter automatically proves full understanding.

The Role of Lawyers in Protecting the Process

Lawyers do not replace the mediator, and the mediator does not replace the lawyers.

Lawyers may assist parties by:

• Analysing legal rights;
• Reviewing evidence;
• Calculating claims;
• Evaluating proposals;
• Checking authority;
• Drafting settlement language;
• Protecting tax and enforcement interests.

The mediator should respect the parties’ right to legal representation.

The mediator should not exclude lawyers merely to accelerate settlement.

At the same time, lawyers should respect the mediator’s role as neutral process manager.

Ethical Limits After the Mediation

The mediator should avoid later conduct that creates misuse of confidential information or a conflict of interest.

Potential concerns include:

• Representing one party in the same dispute;
• Acting against a former mediation participant using confidential knowledge;
• Serving as expert witness concerning confidential negotiations;
• Disclosing settlement strategy;
• Soliciting one party as a client based on mediation information.

The exact prohibition and scope should be evaluated under the law, ethical rules and professional regulations applicable to the mediator’s other profession.

Renewal Training and Continuing Competence

Mediation practice develops over time.

New disputes, digital procedures and statutory amendments require continuing professional competence.

The Ministry of Justice provides renewal-training materials and administers the training and specialist system.

A mediator should remain current on:

• Law No. 6325;
• The Regulation;
• Mandatory mediation fields;
• Electronic systems;
• Ethical rules;
• Fee tariffs;
• Specialist practice;
• Data protection;
• Online mediation.

Lack of up-to-date knowledge may lead to procedural errors and professional responsibility.

Common Breaches by Mediators

Common problematic practices may include:

Acting Like a Judge

The mediator declares who is right and pressures the other party to accept.

Failing to Disclose a Conflict

The mediator conceals a relationship with one party.

Breaching Confidentiality

Private-session information is disclosed without permission.

Giving Partisan Legal Advice

The mediator develops one party’s case against the other.

Failing to Verify Authority

A settlement is signed by a person who cannot bind the company.

Preparing a False Final Report

The report does not reflect attendance or the actual outcome.

Using Excessive Pressure

The mediator states that settlement is compulsory.

Allowing an Unlawful Agreement

The settlement contains terms clearly contrary to mandatory law.

Mishandling Personal Data

Sensitive documents are shared or stored insecurely.

Charging Unclear Fees

The parties are not informed of the fee structure.

Signing an Unclear Agreement

The obligations are too vague to enforce.

Practical Checklist for Mediators

Before accepting the appointment, the mediator should confirm:

• Registration status;
• Competence;
• Specialist requirements;
• Conflict of interest;
• Availability;
• Fee structure.

At the beginning of the process, the mediator should confirm:

• Identity;
• Authority;
• Scope of dispute;
• Suitability for mediation;
• Confidentiality;
• Voluntary decision-making;
• Equality;
• Need for interpreter;
• Need for legal or technical advice.

Before signing documents, the mediator should confirm:

• Parties understand the terms;
• Agreement reflects actual consent;
• Representatives have authority;
• Obligations are clear;
• Partial settlement is identified;
• Reserved rights are stated;
• Required signatures are present;
• Final report is accurate.

After completion, the mediator should:

• Finalise electronic records;
• Protect confidentiality;
• Store documents securely;
• Complete fee procedures;
• Avoid post-mediation conflicts.

How Parties Can Evaluate a Mediator

Parties selecting a mediator may consider:

• Official registration;
• Specialist training;
• Professional experience;
• Language ability;
• Availability;
• Conflict disclosures;
• Fee transparency;
• Communication style;
• Technical understanding;
• Online mediation capability.

A mediator should not be selected solely because they promise a particular result.

A competent mediator should explain:

• Their neutral role;
• The process;
• Confidentiality;
• Fees;
• The parties’ control over the outcome.

Frequently Asked Questions

Is a mediator a judge in Turkey?

No. A mediator does not issue a judgment or decide which party is right. The parties determine the settlement themselves.

Must a mediator be registered?

Yes. Mediation under Law No. 6325 is performed by persons registered in the official Mediators’ Register.

Must a mediator be a law graduate?

The statutory registration system requires legal education and satisfaction of the applicable professional, training and examination conditions.

Can a mediator represent one party?

No. The mediator must remain neutral and cannot act as the advocate of one party in the mediation.

Can the mediator force settlement?

No. Even in mandatory mediation, the parties are not required to reach agreement.

Can the mediator propose a solution?

A mediator may present a possible proposal within the legally permitted framework where the parties cannot develop a solution, but the proposal is not binding.

Must the mediator keep information confidential?

Yes. Confidentiality is one of the central statutory and ethical duties of the mediator.

Can private-session information be disclosed?

Only with the relevant party’s permission or where disclosure is legally required.

Must the mediator verify the parties’ identities?

Yes. Reasonable identity and authority verification is essential because the final report and settlement may have major legal consequences.

Can a company employee sign the settlement?

Only if the person has sufficient authority to bind the company.

Can the mediator give legal advice?

The mediator may provide neutral procedural information but should not act as the personal lawyer of either party.

Can a mediator be removed from the register?

Yes. Breach of statutory or professional obligations may lead to warning, supervision and removal under the applicable rules.

Can a party complain about a mediator?

Yes. Complaints may be submitted to the relevant Ministry of Justice units responsible for registration, inspection and supervision.

Can a mediator be sued for damages?

Potentially, where a breach of legal or professional duty causes recoverable damage.

Can a mediator face criminal liability?

Yes, where conduct satisfies the elements of an offence, such as forgery, fraud or unlawful disclosure of protected information.

Does the mediator guarantee that the settlement is performed?

No. The mediator does not become the debtor or guarantor merely by signing the settlement document.

Conclusion

The legal status and responsibilities of mediators in Turkey are defined by a combination of statutory regulation, administrative supervision and professional ethics.

A mediator is:

• A registered professional;
• A neutral third party;
• A facilitator of negotiation;
• A manager of the mediation process;
• A protector of confidentiality and equality.

A mediator is not:

• A judge;
• An arbitrator;
• A representative of one party;
• A guarantor of settlement;
• A technical expert in every dispute;
• A person authorised to compel agreement.

The mediator’s principal responsibilities include:

• Independence;
• Impartiality;
• Equality;
• Confidentiality;
• Professional care;
• Proper information;
• Identity verification;
• Authority verification;
• Accurate document preparation;
• Respect for voluntary consent;
• Compliance with the law and ethical rules.

The mediator must disclose conflicts of interest and should not continue where neutrality cannot reasonably be protected.

The mediator must ensure that the parties understand the process and that they remain free to accept or reject any proposal.

Confidentiality extends to mediation communications, private sessions, settlement proposals and sensitive documents. The mediator must also protect personal data and take additional precautions in online mediation.

The mediator should not permit a settlement that is clearly unlawful or concerns a matter that the parties cannot legally resolve through private agreement.

Final reports and settlement documents must be accurate. A false or careless report may affect later litigation and expose the mediator to administrative or legal consequences.

Mediators are subject to Ministry of Justice supervision. Complaints may result in inspection, warning and, where statutory conditions are satisfied, removal from the Mediators’ Register.

Serious misconduct may also lead to:

• Contractual liability;
• Tort liability;
• Personal data liability;
• Criminal investigation;
• Professional sanctions.

The parties should remember that mediation is based on self-determination. The mediator manages the process, but the parties own the outcome.

A properly conducted mediation process protects both the parties and the legitimacy of the settlement. A poorly managed process may create disputes concerning consent, authority, confidentiality, enforceability and professional responsibility.

For this reason, mediators should combine legal competence with ethical judgment, procedural discipline, communication skills and continuous professional development.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Turkish mediation legislation, registration requirements, ethical standards, fee tariffs and administrative practices may change. The status and responsibility of a mediator should be evaluated according to the legislation, regulations and Ministry of Justice rules in force on the relevant date.