What Happens If a Party Does Not Attend Mediation in Turkey?

Introduction

Failing to attend a mediation meeting in Turkey may have significant procedural and financial consequences, especially where mediation is a mandatory condition for filing a lawsuit.

Mandatory mediation applies to a growing number of private law disputes in Turkey, including many employment, commercial, consumer, rental, co-ownership, condominium and neighbourhood disputes. In these cases, the claimant must apply to mediation and complete the statutory process before bringing the relevant lawsuit before a Turkish court.

However, the obligation to apply to mediation should not be confused with an obligation to settle. No party can be forced to accept a settlement proposal. A party may attend the first meeting, explain its position and refuse every offer without losing the right to proceed to litigation.

The legal risk arises primarily where a party fails to attend the first mediation meeting without a valid excuse and the mediation process ends because of that non-attendance.

The consequences of non-attendance have changed in recent years. Under the former version of Article 18/A(11) of Law No. 6325 on Mediation in Civil Disputes, a party that failed to attend the first meeting without a valid excuse could be held responsible for all litigation costs and could be denied an opposing-party lawyers’ fee even if successful in court.

The Turkish Constitutional Court annulled the most severe parts of that rule in its judgment dated 14 March 2024, finding the automatic and complete financial sanction disproportionate. The annulment judgment was published in the Official Gazette on 18 April 2024. The legislature subsequently amended the provision through Law No. 7531, published on 14 November 2024. Under the current rule, the sanction has been reduced rather than eliminated entirely.

Under the amended Article 18/A(11), a party that fails to attend the first meeting without a valid excuse and causes the mediation process to end may, even if partly or entirely successful in the subsequent lawsuit:

• Be made responsible for half of the litigation expenses that the opposing party would otherwise have been required to pay; and
• Receive only half of the opposing-party lawyers’ fee calculated under the Attorney Minimum Fee Tariff.

Where both parties fail to attend the first meeting and mediation ends for that reason, each party’s litigation expenses are generally left on that party.

This article explains what happens if a party does not attend mediation in Turkey, including the difference between mandatory and voluntary mediation, the importance of the first meeting, valid excuses, participation through lawyers, company representation, final reports, litigation costs and practical precautions.

Is Attendance at Mediation Mandatory in Turkey?

The answer depends on whether the process is voluntary mediation or mandatory mediation.

Voluntary Mediation

In voluntary mediation, the parties participate because they choose to do so. A party may reject the invitation, decline to begin the process or withdraw before settlement.

There is generally no statutory litigation-cost sanction merely because a party refuses to participate in voluntary mediation.

However, contractual consequences may arise if the parties previously agreed to a mediation clause requiring negotiation before litigation or arbitration.

For example, a commercial agreement may state that the parties must attempt mediation for 30 days before commencing arbitration. Failure to comply may create a procedural objection depending on the wording of the clause, applicable law and arbitration rules.

Mandatory Mediation

In mandatory mediation, applying to a mediator is a procedural condition for filing certain lawsuits.

Mandatory mediation commonly applies to:

• Employee and employer receivables;
• Reinstatement claims;
• Commercial monetary disputes;
• Commercial actions for annulment of objection;
• Commercial negative declaratory actions;
• Consumer court disputes, subject to exceptions;
• Rental disputes;
• Rent determination actions;
• Most court-based eviction disputes;
• Dissolution of co-ownership;
• Condominium disputes;
• Neighbourhood disputes.

Although the mediation application is compulsory, settlement is not. The mediator cannot impose a payment, eviction, reinstatement, repair or other result. The mediator facilitates communication while the parties retain control over the outcome.

Is a Party Legally Required to Attend the First Meeting?

The legislation creates consequences where a party fails to attend the first meeting without a valid excuse and the process ends because of that absence.

Therefore, although the law does not physically compel attendance, failure to attend may create financial disadvantages in the subsequent lawsuit.

The relevant sanction depends on several conditions:

1. The dispute must be subject to mandatory mediation.
2. The party must have been properly informed and invited.
3. The absence must concern the first mediation meeting.
4. The party must lack a valid excuse.
5. The mediation activity must end because of the non-attendance.
6. The mediator must record the non-attending party in the final report.

If these conditions are not satisfied, the statutory sanction may not apply.

For example, if the party was never properly informed of the meeting, treating the absence as unjustified may be disputed.

Likewise, if the party attended the first meeting but later declined to participate in an additional meeting, Article 18/A(11) may not apply in the same manner because the statutory wording focuses specifically on the first meeting.

Why Is the First Mediation Meeting Important?

The first meeting is the stage at which the mediator generally:

• Verifies the parties and representatives;
• Explains the mediation process;
• Confirms confidentiality;
• Identifies the dispute;
• Determines whether negotiation is possible;
• Allows the parties to state their initial positions;
• Discusses possible future meetings;
• Records participation.

The law attaches consequences specifically to unjustified non-attendance at the first meeting because this absence may prevent the mediation process from beginning meaningfully.

A party does not need to make concessions at the first meeting. It may attend solely to:

• Deny the claim;
• Explain that no settlement is possible;
• Preserve its procedural position;
• Request time to review documents;
• Participate through its lawyer;
• Confirm that negotiations have failed.

Attendance should therefore not be interpreted as acceptance of liability or willingness to settle.

What Is the Current Legal Consequence of Non-Attendance?

The current rule is contained in Article 18/A(11) of Law No. 6325.

Where one party fails to attend the first meeting without a valid excuse and the mediation ends for that reason, the mediator identifies the non-attending party in the final report.

Even if that party later wins the lawsuit entirely or in part, the court may apply the special rules concerning litigation expenses and opposing-party lawyers’ fees.

Following the amendment introduced by Law No. 7531:

• The non-attending party may be held responsible for half of the litigation expenses that the opposing party would otherwise have been required to bear.
• The non-attending party may receive only half of the opposing-party lawyers’ fee calculated according to the Attorney Minimum Fee Tariff.

The amendment replaced the former rule under which the absent party could be held responsible for all litigation costs and receive no opposing-party lawyers’ fee even when successful.

Why Was the Previous Rule Changed?

The former rule imposed an automatic and severe sanction.

A party that failed to attend without a valid excuse could:

• Win the entire lawsuit;
• Be found legally correct on the merits;
• Still be responsible for all litigation expenses; and
• Receive no opposing-party lawyers’ fee.

The Constitutional Court found that these automatic consequences placed a disproportionate burden on property rights because they applied without sufficient regard to the outcome and circumstances of the lawsuit.

The Court annulled the relevant parts of Article 18/A(11). The annulment decision was published in the Official Gazette on 18 April 2024 and was scheduled to take effect after a deferred period, allowing the legislature time to introduce a new rule.

The legislature responded before the annulment took full effect by enacting a reduced sanction through Law No. 7531.

The current framework therefore attempts to balance two objectives:

• Encouraging meaningful attendance at mandatory mediation; and
• Avoiding a completely disproportionate financial penalty for a party that later proves legally justified.

What Are Litigation Expenses?

Litigation expenses may include various amounts incurred during court proceedings.

Depending on the case, these may include:

• Court application fees;
• Advance expenses;
• Service costs;
• Expert fees;
• Inspection expenses;
• Witness expenses;
• Translation costs;
• Official document expenses;
• Mediation fees treated as litigation expenses under the statutory framework.

The precise allocation depends on the outcome of the lawsuit, the parties’ success rates and the applicable procedural provisions.

Article 18/A(11) creates a special adjustment where a party caused mandatory mediation to end by unjustified absence from the first meeting.

This means that a party may not receive the full benefit that would ordinarily follow from winning the case.

What Is the Effect on the Lawyers’ Fee?

In Turkish civil litigation, the court may award an opposing-party lawyers’ fee according to the Attorney Minimum Fee Tariff.

This is separate from the private legal fee that a client agrees to pay its own lawyer.

Under the current Article 18/A(11), a party that failed to attend the first mediation meeting without a valid excuse and caused the process to end may receive only half of the tariff-based opposing-party lawyers’ fee, even if the party is successful in the subsequent lawsuit.

For example, if the successful party would ordinarily be entitled to a tariff-based opposing-party fee of TRY 100,000, application of the special rule may reduce the award to TRY 50,000.

The exact calculation depends on:

• Type of lawsuit;
• Amount awarded;
• Degree of success;
• Current Attorney Minimum Fee Tariff;
• Court’s application of the relevant provisions.

What Happens If Both Parties Fail to Attend?

Where both parties fail to attend the first mediation meeting and the process ends for that reason, each party’s litigation expenses are generally left on that party.

This means that neither side ordinarily shifts its own expenses to the other under the special rule, regardless of the outcome contemplated by Article 18/A(11).

However, the exact judgment on costs should still be reviewed together with:

• The wording of the final mediation report;
• Whether both absences were unjustified;
• The outcome of the lawsuit;
• Other procedural conduct;
• Special legislation governing the dispute.

What Is a Valid Excuse for Not Attending?

The law refers to a “valid excuse” but does not provide an exhaustive list of every circumstance that qualifies.

Whether an excuse is valid depends on the facts, available proof and timing of communication with the mediator.

Possible valid excuses may include:

• Serious illness;
• Emergency medical treatment;
• Hospitalisation;
• Accident;
• Death or serious emergency involving a close family member;
• Natural disaster;
• Documented travel disruption;
• Unavoidable official duty;
• Failure to receive proper notice;
• Technical failure preventing an agreed online meeting;
• Another objectively unavoidable event.

A simple statement that the party was busy, forgot the meeting or did not believe mediation would be useful is unlikely to be sufficient.

The party should document the excuse wherever possible.

Relevant evidence may include:

• Medical report;
• Hospital record;
• Travel cancellation;
• Accident record;
• Official duty document;
• Death certificate;
• Communication records;
• Technical incident report.

Who Decides Whether the Excuse Is Valid?

The mediator records participation and may consider information presented regarding the absence. However, the mediator does not exercise the same judicial authority as a court.

If a dispute later arises over whether the excuse was valid and whether the cost sanction should apply, the court hearing the subsequent lawsuit may need to assess the issue.

The court may examine:

• Whether the invitation was properly made;
• Whether the party knew about the meeting;
• Whether the excuse was genuine;
• Whether the excuse was documented;
• Whether the party informed the mediator promptly;
• Whether participation through a lawyer or online meeting was reasonably possible;
• What the final mediation report states.

For this reason, a party unable to attend should not remain silent. It should contact the mediator immediately and submit supporting evidence.

How Must the Party Be Invited?

The mediation office provides available communication information to the assigned mediator.

The mediator uses the available contact details and may conduct further research where necessary. The mediator may use appropriate means to inform the parties of the appointment and invite them to the first meeting. The mediator must document the notification and invitation steps.

Under the current framework, the mediator also informs the principal party even where the party has a lawyer.

The invitation process may involve:

• Telephone;
• Text message;
• Email;
• Written invitation;
• Electronic communication;
• Communication through counsel;
• Other appropriate means.

A party alleging lack of proper notice should preserve relevant records.

Questions may include:

• Was the telephone number correct?
• Was the email address current?
• Was the invitation sent to an unauthorised employee?
• Was the message actually received?
• Was sufficient information provided about the meeting?
• Was the date or time unclear?
• Was the principal party informed?

Can a Party Attend Through a Lawyer?

Yes. A party may generally participate in mediation personally or through a lawyer holding sufficient authority.

Participation by a properly authorised lawyer may prevent the party from being treated as absent.

The power of attorney should cover the actions that may become necessary, including:

• Participation in mediation;
• Negotiation;
• Settlement;
• Release;
• Acceptance of obligations;
• Signing the final report;
• Signing the settlement agreement.

If the lawyer lacks the required authority, the parties may be unable to conclude a valid settlement even though the lawyer attended.

A foreign client may also participate through a Turkish lawyer under an appropriately executed power of attorney.

Foreign powers of attorney may require:

• Notarisation;
• Apostille;
• Consular legalisation;
• Sworn Turkish translation.

Can the Party Attend Online?

Yes. Mediation meetings may be conducted online where the mediator and parties agree on an effective and confidential method.

Online participation may be particularly useful where:

• A party lives in another city;
• A party is abroad;
• A company representative cannot travel;
• Health or mobility issues exist;
• Urgent scheduling is required.

A party should not simply fail to attend because physical participation is difficult. It should ask the mediator whether remote participation is possible.

The party should ensure:

• Reliable internet connection;
• Identity verification;
• Private environment;
• Access to relevant documents;
• Participation of an authorised representative;
• Ability to sign necessary documents.

Can a Company Send an Employee or Representative?

A company may participate through an authorised representative.

However, the person attending should have sufficient authority to:

• Explain the company’s position;
• Receive proposals;
• Make decisions within defined limits;
• Negotiate;
• Obtain internal approval promptly;
• Sign where authorised.

Sending an employee who has no knowledge of the dispute and no authority to negotiate may prevent effective mediation.

The company should prepare:

• Signature circular;
• Board or management resolution where necessary;
• Internal authorisation;
• Power of attorney;
• Corporate registration documents.

A branch manager, human resources officer or finance employee does not automatically have authority to settle every dispute on behalf of the company.

Does Attendance Mean That the Party Must Negotiate?

A party must participate in good faith in the procedural sense, but it cannot be forced to offer money, waive rights or accept compromise.

A party may attend and state:

• It denies the entire claim;
• It has no settlement offer;
• It requires additional documents;
• It prefers court determination;
• It will not accept the proposed remedy.

The mediator may explore whether any limited agreement is possible, but the party retains the right to refuse.

The key distinction is between:

• Attending and declining settlement; and
• Failing to attend without a valid excuse.

The first generally preserves the party’s position under Article 18/A(11). The second may trigger the cost consequences.

What Happens If a Party Attends the First Meeting but Misses a Later Meeting?

Article 18/A(11) focuses on failure to attend the first meeting.

If a party attends the first meeting but does not attend a later session, the specific first-meeting sanction may not apply in the same way.

However, other consequences may still arise.

For example:

• The process may end without agreement;
• The party may lose a settlement opportunity;
• The mediator may record the procedural outcome;
• Contractual or good-faith issues may arise in exceptional circumstances;
• Additional mediator fees may be affected.

A party unable to attend a later meeting should still notify the mediator and request rescheduling or participation through counsel.

What Is Written in the Final Mediation Report?

At the end of mandatory mediation, the mediator prepares a final report.

Where the process ends because one party failed to attend the first meeting without a valid excuse, the mediator identifies that party in the report.

The report may include:

• Identity of the parties;
• General subject of the dispute;
• Date of appointment;
• Meeting information;
• Whether agreement was reached;
• Whether a party failed to attend;
• Reason for termination, where appropriate.

The final report should not contain unnecessary details of confidential settlement discussions.

The report is important because the court may rely on it when considering whether the special cost rule applies.

A party that believes the report contains an incorrect statement should raise the issue promptly and preserve all supporting evidence.

Can the Applicant Still File a Lawsuit If the Other Party Does Not Attend?

Yes.

If the respondent fails to attend and the mediation process ends without agreement, the applicant may file the relevant lawsuit after receiving the final report.

The respondent’s absence does not prevent litigation.

Likewise, if the applicant fails to attend and the process is terminated, the applicant may still potentially file the lawsuit if the statutory mediation condition has been completed and other deadlines are satisfied. However, the applicant may face the financial consequences associated with unjustified absence.

The claimant must still comply with:

• Limitation periods;
• Forfeiture periods;
• Special filing deadlines;
• Court jurisdiction;
• Submission of the final report;
• Other procedural requirements.

Does Non-Attendance Cause Automatic Loss of the Case?

No.

Failure to attend mediation does not automatically mean that the absent party loses the substantive lawsuit.

The court must still examine:

• Contracts;
• Payments;
• Witnesses;
• Expert reports;
• Legal defences;
• Applicable legislation;
• Burden of proof.

An absent party may ultimately win the lawsuit entirely.

However, even a successful party may receive only half of the tariff-based lawyers’ fee and may bear part of the litigation expenses that would otherwise have fallen on the opposing side.

Non-attendance therefore affects procedural cost allocation rather than automatically determining the underlying legal dispute.

Does Non-Attendance Constitute Admission of the Claim?

No.

A party’s failure to attend does not automatically constitute:

• Admission of debt;
• Acceptance of liability;
• Acceptance of termination invalidity;
• Acceptance of eviction;
• Waiver of defences;
• Acceptance of the claimant’s calculations.

The mediator cannot issue a default judgment.

The claimant must still prove the claim in court if no settlement is reached.

Does the Rule Apply to Employment Disputes?

Yes. Employment mediation has its own statutory framework under Law No. 7036 on Labour Courts, and the non-attendance consequences were amended in parallel with Article 18/A(11).

A party that fails to attend the first mandatory employment mediation meeting without a valid excuse may face the reduced litigation-cost and lawyers’ fee consequences introduced by Law No. 7531.

This may affect:

• Employees claiming severance;
• Employees seeking reinstatement;
• Employers claiming notice compensation;
• Employers or employees disputing unpaid salary;
• Parties to overtime or annual leave claims.

In reinstatement disputes, deadlines remain particularly important. The employee must generally apply to mediation within one month of termination notification and file the lawsuit within two weeks after a non-agreement final report.

Non-attendance does not extend these deadlines indefinitely.

Does the Rule Apply to Commercial Disputes?

Yes.

A company invited to mandatory commercial mediation should not ignore the meeting merely because it denies the invoice, contract or compensation claim.

Commercial disputes may concern:

• Unpaid invoices;
• Annulment of objection;
• Negative declaratory actions;
• Restitution;
• Contractual compensation;
• Foreign-currency receivables.

The company may attend through an authorised lawyer or representative and preserve its objections.

Failure to attend may reduce the company’s entitlement to recover costs and tariff-based lawyers’ fees even if the company later succeeds.

Does the Rule Apply to Rental Disputes?

Yes. Most court-based rental disputes are subject to mandatory mediation.

A landlord or tenant invited to the first meeting should participate even where settlement appears unlikely.

The dispute may concern:

• Eviction;
• Rent determination;
• Unpaid rent;
• Deposit;
• Property damage;
• Maintenance;
• Common expenses.

A landlord may attend and refuse to withdraw an eviction claim. A tenant may attend and reject the proposed rent increase. Attendance does not require compromise.

Does the Rule Apply to Consumer Disputes?

Where the dispute falls within mandatory consumer mediation and will be brought before a consumer court, non-attendance may create the Article 18/A(11) consequences.

However, disputes within the monetary jurisdiction of Consumer Arbitration Committees follow a different route and are generally excluded from mandatory consumer mediation.

The correct procedure should be identified before evaluating any attendance obligation.

What Should a Party Do If It Cannot Attend?

A party that cannot attend should take immediate action.

It should:

1. Contact the mediator as soon as possible.
2. Explain the reason clearly.
3. Submit documents supporting the excuse.
4. Request another meeting date.
5. Ask whether online participation is possible.
6. Appoint an authorised lawyer where appropriate.
7. Preserve all communications.

Silence creates unnecessary risk.

Even where the excuse appears obvious, the party should communicate it and request that it be reflected accurately in the mediator’s records.

What Should a Party Do If It Never Received the Invitation?

A party that later learns that it was recorded as absent should investigate the invitation procedure.

The party should obtain or preserve information concerning:

• Telephone records;
• Email accounts;
• Address records;
• Company reception records;
• Employee communications;
• Messages from the mediator;
• Change of address;
• Incorrect contact information.

The party may later argue before the court that the absence was not unjustified because proper information was never received.

However, companies and individuals also have an interest in keeping official and contractual contact information current.

A company should ensure that notices from mediators are not ignored by reception staff, accounting departments or former employees.

Can Non-Attendance Be Corrected Later?

Once the mediation process has ended because of unjustified non-attendance and the final report has been issued, attending a later informal meeting does not automatically remove the original procedural record.

The parties may voluntarily begin another mediation process, but the legal effect of the first non-attendance and final report may still need to be assessed.

Before the report is finalised, it may be possible to contact the mediator, explain the excuse and request rescheduling.

The party should act immediately rather than waiting for litigation.

Can the Court Ignore the Final Report?

The final report is an important procedural document, but the court is not necessarily prevented from examining a substantiated objection concerning notice, excuse or accuracy.

A party challenging application of the non-attendance sanction should present:

• Medical or official documents;
• Communication records;
• Proof of incorrect notice;
• Evidence that counsel attended;
• Evidence that the meeting was rescheduled;
• Evidence that mediation did not end because of the absence.

The court’s assessment will depend on the facts and applicable law.

Practical Advice for Applicants

An applicant should:

• Provide accurate contact details for the respondent;
• Attend the first meeting;
• Prepare a clear summary of claims;
• Bring relevant documents;
• Avoid assuming that the other party’s absence proves the claim;
• Obtain the final report;
• Check all filing deadlines;
• Preserve evidence of attendance.

Where the respondent does not attend, the applicant should still prepare the subsequent lawsuit fully. Non-attendance does not relieve the claimant of the burden of proving the claim.

Practical Advice for Respondents

A respondent should:

• Treat every mediation invitation seriously;
• Verify the meeting date and format;
• Inform management or legal counsel;
• Attend even if the claim is denied;
• Prepare documents and defences;
• Confirm representative authority;
• Notify the mediator of any emergency;
• Preserve proof of attendance or excuse.

A respondent should not assume that ignoring the process has no consequence merely because it expects to win the lawsuit.

The Role of a Turkish Mediation Lawyer

A Turkish mediation lawyer may assist by:

• Determining whether the mediation is mandatory;
• Verifying the invitation;
• Reviewing the legal claim;
• Preparing the client for the first meeting;
• Participating on behalf of the client;
• Ensuring the power of attorney is sufficient;
• Documenting a valid excuse;
• Objecting to an incorrect final report;
• Assessing litigation-cost consequences;
• Filing the subsequent lawsuit or defence;
• Negotiating a settlement where appropriate.

Legal assistance is particularly important for foreign companies, complex corporate structures, employment reinstatement claims, high-value commercial disputes and eviction matters.

Frequently Asked Questions

Must I attend mandatory mediation in Turkey?

Physical compulsion is not used, but failing to attend the first meeting without a valid excuse may create financial consequences in the subsequent lawsuit.

Must I accept a settlement offer?

No. Settlement remains voluntary.

What is the current sanction for unjustified non-attendance?

The absent party may be responsible for half of the litigation expenses that the other party would otherwise pay and may receive only half of the tariff-based opposing-party lawyers’ fee, even if successful.

Does non-attendance mean I lose the lawsuit?

No. The court still examines the merits.

Does non-attendance mean I admit the debt?

No.

Can my lawyer attend instead of me?

Yes, provided that the lawyer has the necessary authority.

Can I attend online?

Yes, where online participation is arranged with the mediator.

What happens if both parties fail to attend?

Each party’s litigation expenses are generally left on that party under the special rule.

What is a valid excuse?

Serious illness, emergency, accident, lack of proper notice or another objectively unavoidable event may qualify, depending on the evidence.

Should I inform the mediator if I cannot attend?

Yes. The mediator should be informed immediately, and supporting documents should be provided.

What if I attended the first meeting but not the second?

The specific statutory sanction focuses on the first meeting, although later non-participation may still end negotiations.

Can the claimant sue if the respondent does not attend?

Yes. The claimant may proceed after obtaining the final non-agreement report and complying with all filing deadlines.

Conclusion

Failure to attend mediation in Turkey should not be treated as a minor procedural issue.

In mandatory mediation, the most important legal consequences arise where a party:

• Is properly invited;
• Fails to attend the first meeting;
• Has no valid excuse; and
• Causes the mediation process to end because of that absence.

Under the current version of Article 18/A(11) of Law No. 6325, the non-attending party may face reduced recovery of litigation expenses and opposing-party lawyers’ fees even if it later succeeds in court.

The current sanction is less severe than the former rule. Following the Constitutional Court’s 2024 annulment judgment and the amendment introduced by Law No. 7531, the absent party is no longer automatically made responsible for all litigation costs and completely deprived of the opposing-party lawyers’ fee. Instead, the law provides a half-cost and half-fee consequence.

Non-attendance does not:

• Automatically prove the claim;
• Constitute admission of debt;
• Cause automatic loss of the lawsuit;
• Force a settlement;
• Eliminate the absent party’s substantive defences.

Nevertheless, it may create a significant financial disadvantage.

A party that cannot attend should contact the mediator immediately, submit evidence of its excuse, request rescheduling, consider online participation or appoint an authorised lawyer.

Companies should establish internal procedures to ensure that mediation invitations are sent promptly to their legal departments or external counsel. Foreign individuals and companies should prepare valid powers of attorney and translations before the meeting.

The safest approach is usually to attend the first meeting, state the legal position clearly and preserve the right to reject every settlement proposal.

An experienced Turkish mediation lawyer can confirm whether attendance is required, represent the party, document a valid excuse and protect the client against unnecessary litigation-cost consequences.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Turkish mediation, procedural cost and lawyers’ fee rules may change. The consequences of non-attendance must be assessed according to the invitation records, final mediation report, reason for absence, type of dispute and legislation in force on the relevant date.