Mediation Law in Turkey: A Comprehensive Guide to Mandatory and Voluntary Mediation

Introduction to Mediation Law in Turkey

Mediation has become one of the most important alternative dispute resolution mechanisms in the Turkish legal system. Over the last decade, Turkey has gradually expanded the scope of mediation, particularly mandatory mediation, to reduce the workload of courts, promote negotiated settlements and enable parties to resolve disputes more efficiently.

The principal legislation governing mediation in Turkey is Law No. 6325 on Mediation in Civil Disputes, commonly referred to as the Turkish Mediation Law. The legislation establishes the fundamental principles of mediation, the qualifications and duties of mediators, confidentiality requirements, the legal effect of settlement agreements and the procedural rules applicable to both voluntary and mandatory mediation.

Mediation in Turkey may be either voluntary or mandatory. In voluntary mediation, the parties freely decide whether to initiate and continue the process. In mandatory mediation, applying to a mediator before filing a lawsuit is a procedural prerequisite known as a “condition of action.” However, even in mandatory mediation, the parties are not required to reach a settlement. The obligation concerns only the application to mediation, not the conclusion of an agreement.

This article explains the legal framework for mediation in Turkey, the disputes subject to mandatory mediation, the mediation procedure, the enforceability of mediation agreements and the role of lawyers during mediation proceedings.

What Is Mediation Under Turkish Law?

Mediation is a structured dispute resolution process in which an independent and impartial third person assists the parties in communicating, negotiating and developing mutually acceptable solutions.

A mediator does not act as a judge or arbitrator. The mediator does not issue a binding judgment, determine which party is legally right or impose a solution on the parties. Instead, the mediator facilitates communication and helps the parties understand their interests, legal risks and settlement alternatives.

Under Turkish law, mediation is generally available for private law disputes arising from matters over which the parties may freely dispose. Therefore, mediation is mainly suitable for disputes concerning contractual claims, compensation, employment matters, commercial debts, consumer claims, rental relations, property sharing and similar civil law issues.

Disputes that concern public order or rights over which the parties cannot freely dispose are generally not suitable for mediation. For example, certain matters relating to criminal liability, administrative sanctions, paternity, personal status and some aspects of family law cannot be resolved solely through a mediation agreement.

The Main Principles of Mediation in Turkey

Turkish mediation law is based on several fundamental principles.

Voluntary Participation and Party Autonomy

In voluntary mediation, parties are free to apply for mediation, continue the process, terminate the process or refuse a settlement.

Mandatory mediation does not eliminate this principle entirely. Where mediation is a condition for bringing a lawsuit, the claimant must apply to a mediation office before filing the case. Nevertheless, neither party can be forced to accept a settlement proposal or sign an agreement.

Party autonomy is one of the most important features of mediation. The parties determine the content of any settlement, the payment schedule, performance obligations, confidentiality clauses and other contractual terms.

Impartiality and Independence of the Mediator

The mediator must act independently and impartially. The mediator must not favour one party, provide representation to either side or place a party under pressure to accept a settlement.

If circumstances arise that could create reasonable doubt regarding the mediator’s impartiality, the mediator must disclose those circumstances to the parties. The continuation of the process may then depend on the parties’ informed consent.

Equality of the Parties

The parties must have equal rights throughout the mediation process. Each party must be given a reasonable opportunity to explain its position, submit documents, evaluate proposals and receive legal advice.

The mediator must conduct the process in a manner that avoids procedural imbalance, particularly where one party has significantly greater financial, commercial or institutional power.

Confidentiality

Confidentiality is one of the defining characteristics of mediation in Turkey.

Unless otherwise agreed, the mediator, the parties, their lawyers and other participants are required to keep confidential the information and documents obtained during the process.

Statements, admissions, settlement proposals and documents prepared solely for mediation generally cannot be used as evidence in subsequent court or arbitration proceedings. This protection encourages parties to negotiate openly without fearing that a compromise proposal will later be treated as an admission of liability.

However, documents that were independently available before mediation do not automatically become inadmissible merely because they were also presented during mediation.

Control of the Outcome by the Parties

Unlike litigation, mediation does not produce a decision imposed by a third party. A settlement becomes binding because the parties voluntarily approve its terms.

This allows parties to create flexible solutions that courts may not ordinarily order. For example, a commercial dispute may be resolved through instalment payments, revised delivery terms, continuation of the business relationship, replacement of defective goods or mutual withdrawal of pending proceedings.

Voluntary Mediation in Turkey

Voluntary mediation, also known as optional mediation, may be used before or after a lawsuit is filed.

The parties may jointly select a mediator from the official register maintained by the Ministry of Justice. They may also agree to mediation through a contractual clause included in a commercial agreement, employment-related settlement protocol, construction contract, distribution agreement or another private contract.

Even where mediation is not legally mandatory, it may offer significant advantages.

Voluntary mediation is commonly used in:

• Commercial contract disputes;
• Shareholder and partnership disagreements;
• Construction and real estate disputes;
• Insurance claims;
• Intellectual property disputes;
• Debt collection matters;
• Family property disputes;
• Inheritance-related financial disputes;
• Professional services disputes;
• International commercial disputes.

Parties may also apply to mediation after a lawsuit has begun. If the court proceedings are pending, the parties may inform the court that they have agreed to attempt mediation. Depending on the circumstances, the court may postpone the proceedings for a limited period to allow settlement negotiations.

Mandatory Mediation in Turkey

Mandatory mediation means that a party must apply to mediation before filing a lawsuit concerning certain categories of disputes.

The claimant must complete the mediation stage and obtain a final mediation report showing whether the parties reached an agreement. If a lawsuit is filed without completing mandatory mediation, the court may dismiss the case on procedural grounds due to the absence of a condition of action.

Where mediation has already been completed but the claimant fails to attach the final report to the statement of claim, the court may grant a limited period to submit the missing document. This should not be confused with a case where no mediation application was made at all.

Mandatory mediation currently applies to significant categories of employment, commercial, consumer, rental, property and neighbourhood disputes.

Mandatory Mediation in Employment Disputes

Mandatory mediation was first introduced on a broad scale for employment disputes under Law No. 7036 on Labour Courts.

Before filing a lawsuit, mediation is required for claims arising from individual or collective employment agreements concerning:

• Employee receivables;
• Employer receivables;
• Severance pay;
• Notice compensation;
• Unpaid salary;
• Overtime pay;
• Annual leave pay;
• Weekly rest and public holiday pay;
• Discrimination compensation;
• Bad-faith compensation;
• Reinstatement claims.

The scope also covers certain actions for annulment of objection, negative declaratory relief and restitution concerning employment-related receivables and compensation claims.

However, claims relating to occupational accidents and occupational diseases are generally subject to separate legal rules and may fall outside mandatory mediation, particularly where compensation for bodily injury or determination of liability is sought.

Reinstatement Claims

In an employment reinstatement dispute, strict legal deadlines apply. An employee who claims that the employment contract was unlawfully terminated must apply to mediation within the statutory period.

If the parties do not reach an agreement, the employee must file the reinstatement lawsuit within the applicable period calculated from the date of the final mediation report.

Because missing these deadlines may result in the loss of the right to sue, professional legal assistance is particularly important in reinstatement cases.

Mandatory Mediation in Commercial Disputes

Article 5/A of the Turkish Commercial Code requires mediation before filing certain commercial lawsuits.

Mandatory commercial mediation applies principally to commercial disputes involving claims for the payment of a sum of money, compensation and related monetary remedies.

Following legislative amendments, the scope expressly includes certain commercial actions for:

• Annulment of objection;
• Negative declaratory relief;
• Restitution;
• Payment of commercial receivables;
• Contractual compensation;
• Insurance-related monetary claims;
• Company and shareholder receivables;
• Agency, distribution and supply agreement claims.

The legislative amendments clarified that certain negative declaratory and restitution actions concerning monetary commercial disputes are also subject to mandatory mediation.

A commercial dispute may arise from transactions between merchants, commercial enterprises, banks, insurance companies, transport companies, manufacturers, distributors, contractors or service providers.

Not every dispute involving a company is automatically subject to mandatory commercial mediation. The nature of the claim, the legal relationship, the remedy sought and the classification of the case as a commercial action must be examined separately.

Mandatory Mediation in Consumer Disputes

Mediation is also a condition for bringing many cases before consumer courts under Article 73/A of Law No. 6502 on Consumer Protection.

Consumer disputes may involve:

• Defective goods;
• Defective services;
• Distance sales;
• E-commerce transactions;
• Consumer loans;
• Credit cards;
• Package tours;
• Timeshare contracts;
• Subscription agreements;
• Private education services;
• Vehicle sales;
• Housing sales;
• Insurance products sold to consumers.

Certain disputes are excluded from mandatory consumer mediation. In particular, claims falling within the monetary jurisdiction of consumer arbitration committees must generally first be submitted to the competent consumer arbitration committee rather than directly to mediation or a consumer court.

Additional exceptions may apply to specific proceedings concerning consumer organisations, regulatory measures or certain real estate-related claims.

Therefore, the value and nature of the consumer claim must be reviewed before selecting the correct legal remedy.

Mandatory Mediation in Rental Disputes

As of 1 September 2023, mediation became mandatory for a broad range of disputes arising from rental relationships.

Mandatory mediation applies to rental disputes such as:

• Rent determination claims;
• Rent adjustment claims;
• Claims for unpaid rent;
• Eviction claims;
• Deposit disputes;
• Compensation for damage to rented property;
• Disputes concerning maintenance and repair obligations;
• Disputes over service charges and common expenses;
• Termination of rental agreements;
• Claims arising from residential and commercial leases.

An important exception concerns eviction through non-judicial enforcement proceedings under the Enforcement and Bankruptcy Law. Certain proceedings based on non-payment of rent or expiry of a written lease commitment may follow special enforcement procedures without being subject to the same mediation requirement.

The scope must therefore be assessed according to whether the landlord intends to file a court action or initiate a specific enforcement procedure.

The Ministry of Justice has confirmed that mandatory rental mediation has applied since 1 September 2023.

Mandatory Mediation in Partition and Co-Ownership Disputes

Disputes concerning the division of movable or immovable property and actions for dissolution of co-ownership are subject to mandatory mediation.

These disputes often arise between:

• Heirs;
• Joint owners of real estate;
• Former business partners;
• Family members;
• Co-owners of agricultural property;
• Persons who jointly purchased property.

The parties may agree on a physical division, sale to one of the co-owners, sale to a third party, payment of compensation or another mutually acceptable arrangement.

If the settlement concerns the transfer of ownership of real estate, additional formalities may be required. The agreement must comply with mandatory property law rules, land registry requirements and any statutory restrictions applicable to the property.

Agricultural land may be subject to special restrictions under legislation governing minimum agricultural land sizes, land consolidation and transfer limitations. The Ministry of Justice has specifically reminded mediators that settlement agreements involving agricultural land must comply with the applicable statutory restrictions.

Mandatory Mediation in Condominium and Neighbourhood Disputes

Disputes arising under the Condominium Law are also included within mandatory mediation.

Examples include:

• Unpaid common expenses;
• Disputes over apartment management decisions;
• Use of common areas;
• Unauthorised alterations;
• Noise and nuisance complaints;
• Allocation of parking areas;
• Roof, façade or elevator expenses;
• Disputes between apartment owners and building management.

Neighbourhood law disputes are also subject to mandatory mediation. These may involve excessive noise, smoke, odour, water leakage, obstruction of views, boundary-related issues, tree branches, construction activities or other interference exceeding the limits of ordinary tolerance.

According to the expanded framework introduced through Article 18/B of the Turkish Mediation Law, rental disputes, partition disputes, condominium disputes and neighbourhood disputes generally require mediation before litigation.

How to Apply for Mandatory Mediation in Turkey

An application is generally submitted to the mediation office located at the courthouse within the jurisdiction of the competent court.

Where no mediation office exists, the application may be submitted to the designated civil court registry.

The applicant must provide sufficient information concerning:

• The parties’ identities;
• Addresses and contact details;
• The nature of the dispute;
• The claims to be discussed;
• The amount claimed, where applicable;
• Relevant contracts and documents.

The mediation office appoints a registered mediator from the relevant official list. The appointed mediator contacts the parties and invites them to the first meeting using available communication methods.

The mediator may conduct meetings physically, online or through other appropriate means, depending on the circumstances and the parties’ agreement.

Representation by a Lawyer During Mediation

Parties may participate personally or through lawyers holding appropriate authority.

A lawyer plays a crucial role in mediation by:

• Identifying the correct legal claims;
• Calculating receivables and compensation;
• Reviewing limitation periods;
• Assessing litigation risks;
• Preparing supporting documents;
• Negotiating settlement terms;
• Preventing overly broad waivers;
• Drafting enforceable agreements;
• Protecting the client against unexpected tax or social security consequences.

A mediation settlement may contain releases, waivers and acknowledgements that significantly affect future legal rights. Therefore, signing a settlement agreement without understanding its scope may cause irreversible consequences.

In cross-border disputes, the lawyer should also examine governing law, jurisdiction, currency, tax, enforcement and international recognition issues.

Duration of Mandatory Mediation

The mediator must normally complete mandatory mediation within the period prescribed for the relevant category of dispute.

The statutory period may vary depending on whether the dispute is an employment, commercial, consumer or other type of matter. Limited extensions may be available in exceptional circumstances.

The purpose of these deadlines is to prevent mediation from causing unnecessary delay before litigation.

If no agreement is reached within the applicable period, the mediator prepares a final report confirming that the process ended without settlement.

Limitation Periods and Forfeiture Periods

One of the most important legal effects of mediation is its impact on limitation and forfeiture periods.

Under Turkish mediation law, the relevant period from the commencement of mediation until its termination is generally not taken into account when calculating limitation periods and statutory forfeiture periods.

This rule protects parties from losing their right to bring a claim while mediation is pending.

Nevertheless, parties should not wait until the final days of a statutory deadline before applying. Disputes concerning the exact commencement or termination date of mediation may create serious procedural risks.

The First Mediation Meeting

At the first meeting, the mediator usually explains:

• The role of the mediator;
• The voluntary nature of settlement;
• Confidentiality;
• The parties’ right to legal representation;
• The structure of negotiations;
• The mediator’s impartiality;
• The possible legal effects of a settlement;
• The circumstances in which the process may be terminated.

The parties then present their views and identify the main areas of disagreement.

The mediator may conduct joint sessions or separate private meetings. Statements made during private sessions are normally confidential unless the party authorises the mediator to communicate specific information to the other side.

Consequences of Failing to Attend Mediation

Failure to attend the first meeting without a valid excuse may have consequences regarding litigation costs.

Depending on the applicable rules and circumstances, a party that unjustifiably fails to participate may be held responsible for all or part of the litigation expenses even if it later succeeds in court. It may also lose the benefit of an award of legal fees in its favour.

The exact consequence should be evaluated according to the current wording of the legislation, the type of dispute and the content of the final mediation report.

For this reason, a mediation invitation should never be ignored. A party that cannot attend should immediately contact the mediator and provide a justified explanation or arrange representation through a lawyer.

Settlement Agreements in Turkish Mediation

If the parties reach a settlement, the terms are recorded in a written settlement agreement.

A well-drafted agreement should clearly specify:

• The identities of the parties;
• The subject matter of the dispute;
• The total settlement amount;
• Payment dates and methods;
• Currency and exchange-rate rules;
• Interest and default provisions;
• Delivery or performance obligations;
• Tax and expense allocation;
• Withdrawal of lawsuits or enforcement proceedings;
• Release and waiver clauses;
• Confidentiality obligations;
• Consequences of breach;
• Enforcement arrangements.

Vague or incomplete settlement terms may create new disputes. The settlement must therefore clearly define what each party is required to do and when performance must occur.

Enforceability of Mediation Agreements

A mediation settlement is binding as a contract once validly signed.

Depending on how the agreement is executed, the parties may apply to the competent court for an enforceability annotation. An agreement carrying the required enforceability status may be treated as a document equivalent to a court judgment for enforcement purposes.

Where the agreement is signed by the parties, their lawyers and the mediator in accordance with the statutory conditions, it may qualify directly as an enforceable document without a separate court annotation in circumstances recognised by law.

However, special rules apply to settlement agreements concerning real estate transfers or the establishment of limited real rights. Such agreements may require examination by the competent court and compliance with land registry formalities.

Enforceability should be distinguished from substantive validity. A settlement that violates mandatory law, public policy or statutory form requirements may remain vulnerable even if it was reached through mediation.

What Happens If the Parties Do Not Settle?

If the parties do not reach an agreement, the mediator prepares a final report confirming the outcome.

In a mandatory mediation matter, the claimant may then file a lawsuit and submit the final report with the statement of claim.

The content of the negotiations remains confidential. The court decides the dispute based on admissible evidence and applicable law, not on offers made during mediation.

A failed mediation does not mean that the process was useless. Mediation may help clarify the disputed issues, reveal the parties’ evidence, narrow the claims and improve the prospects of a later settlement.

Mediation Costs in Turkey

Mediator fees are determined according to the applicable Mediation Minimum Fee Tariff unless the parties and mediator agree otherwise within the limits permitted by law.

Turkey publishes a new minimum mediation fee tariff for each year. The 2026 Mediation Minimum Fee Tariff was published in the Official Gazette dated 26 December 2025.

In voluntary mediation, the parties normally share the mediator’s fee equally unless they agree on a different allocation.

In mandatory mediation, special rules apply where the parties do not settle. A portion of the mediator’s fee may initially be covered by the Ministry of Justice budget within statutory limits. Amounts paid by the state may later be treated as litigation expenses.

If a settlement is reached, the mediator’s fee is generally calculated according to the value of the settlement or the applicable hourly or fixed-fee provisions.

Lawyers’ fees are separate from mediator fees.

Mediation in International Commercial Disputes

Turkey may also be selected as a venue for mediation in international commercial disputes.

International mediation may be suitable where:

• One party is located outside Turkey;
• The contract is performed in multiple countries;
• Payments are made in foreign currency;
• Assets are located in Turkey;
• Turkish law governs the contract;
• Turkish courts have jurisdiction;
• The dispute involves international trade, transportation, construction or investment.

Turkey is connected to the international framework concerning settlement agreements resulting from mediation, including the United Nations Convention on International Settlement Agreements Resulting from Mediation, commonly known as the Singapore Convention on Mediation.

In an international dispute, the settlement agreement should clearly address the governing law, competent courts, method of enforcement, language, currency, tax consequences and authority of signatories.

Corporate parties should ensure that the person signing the agreement has sufficient authority under the company’s articles of association, signature circular or power of attorney.

Advantages of Mediation in Turkey

Mediation may provide several benefits compared with traditional litigation.

Faster Resolution

Court proceedings may continue for several years, particularly where expert reports, witness evidence and appellate review are required. Mediation may produce a settlement within days or weeks.

Lower Costs

A negotiated solution may reduce court fees, expert fees, enforcement expenses, translation costs and long-term legal fees.

Confidentiality

Court hearings and judgments may expose commercial or personal information. Mediation allows parties to discuss disputes privately.

Flexible Remedies

Courts generally grant remedies authorised by procedural and substantive law. Mediation allows commercially creative solutions, including revised contracts, staged payments, replacement performance and continuing cooperation.

Preservation of Relationships

Mediation may preserve employment, supply, shareholder, tenancy and family relationships that would otherwise be permanently damaged by adversarial litigation.

Greater Control

The parties control whether a settlement is reached and what its terms will be. A court judgment, by contrast, is imposed by the court.

Risks and Disadvantages of Mediation

Mediation is not appropriate for every case.

Potential risks include:

• Unequal bargaining power;
• Incomplete disclosure of information;
• Pressure to settle quickly;
• Waiver of valuable legal rights;
• Incorrect calculation of receivables;
• Unclear settlement terms;
• Failure to address tax and social security consequences;
• Difficulty enforcing obligations not properly drafted;
• Use of mediation merely to delay litigation.

Legal advice is particularly important where the claim is high-value, technically complex, time-sensitive or involves a vulnerable party.

Frequently Asked Questions About Mediation Law in Turkey

Is mediation always mandatory before filing a lawsuit in Turkey?

No. Mediation is mandatory only for disputes expressly designated by law. Other disputes may be referred to voluntary mediation.

Does mandatory mediation mean that the parties must settle?

No. Only the application is mandatory. The parties remain free to reject proposals and proceed to court.

Can a foreign person or company use mediation in Turkey?

Yes. Foreign individuals and companies may participate personally or through authorised representatives and lawyers.

Can mediation be conducted online?

Yes. Depending on the parties’ agreement and the circumstances, meetings may be held through online communication tools.

Can a lawyer attend mediation without the client?

A lawyer may participate where the power of attorney provides the necessary authority. Special authority may be required for settlement, release, waiver or other legally significant acts.

Is a mediation settlement enforceable?

A properly executed mediation settlement is binding. Depending on the signature structure and subject matter, it may be enforceable directly or after obtaining an enforceability annotation.

Can a party file a lawsuit after signing a mediation settlement?

As a general rule, parties cannot bring a new lawsuit concerning matters finally resolved in a valid mediation settlement. The scope of the settlement and any release clauses must be examined carefully.

What happens if the settlement is not performed?

The creditor may initiate enforcement proceedings if the agreement qualifies as an enforceable document. Otherwise, it may be necessary to obtain an enforceability annotation or pursue contractual remedies.

Why Legal Assistance Is Important in Turkish Mediation

Although mediation is less formal than litigation, the legal consequences of a settlement may be equally significant.

A lawyer can determine whether mediation is mandatory, identify the competent mediation office, calculate claims, prepare the negotiation strategy and draft an enforceable agreement.

For foreign clients, legal assistance is especially valuable because Turkish procedural deadlines, mandatory mediation requirements, powers of attorney, translation formalities and enforcement rules may differ substantially from those in other jurisdictions.

Before signing any settlement agreement, the parties should ensure that:

• All claims are correctly calculated;
• Payment obligations are clear;
• Default consequences are included;
• The scope of the release is limited and understandable;
• Pending lawsuits and enforcement proceedings are addressed;
• The agreement complies with mandatory Turkish law;
• The signatories have proper authority;
• The document can be enforced if the other party fails to perform.

Conclusion

Mediation law in Turkey has developed into a central component of the Turkish civil justice system. Mandatory mediation now covers a broad range of employment, commercial, consumer, rental, co-ownership, condominium and neighbourhood disputes.

The process offers speed, confidentiality, flexibility and the possibility of preserving commercial or personal relationships. However, a mediation settlement may create binding and enforceable obligations and may result in the waiver of substantial legal rights.

For this reason, every dispute should be evaluated individually. The nature of the claim, mandatory mediation requirements, limitation periods, evidence, enforcement risks and settlement terms must all be reviewed before an agreement is signed.

Individuals and companies involved in a dispute in Turkey should seek advice from a Turkish lawyer experienced in mediation, litigation and enforcement law. Proper legal representation can ensure that the mediation process is used strategically and that any settlement protects the client’s legal and commercial interests.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Turkish mediation legislation, procedural rules and fee tariffs may be amended. Legal advice should be obtained based on the specific facts and current legislation applicable to each dispute.