Voluntary Mediation in Turkey: Advantages, Procedure and Legal Effects

Introduction to Voluntary Mediation in Turkey

Voluntary mediation in Turkey is an alternative dispute resolution method that enables parties to resolve private law disputes through negotiation with the assistance of an independent and impartial mediator. Unlike mandatory mediation, voluntary mediation is initiated by the free decision of the parties. No party is legally required to start the process, continue negotiations or accept a settlement proposal.

The principal legislation governing voluntary mediation is Law No. 6325 on Mediation in Civil Disputes. The law applies to private law disputes, including those involving a foreign element, provided that the parties may freely dispose of the subject matter. Disputes involving allegations of domestic violence are expressly excluded from mediation.

Voluntary mediation may be used before a lawsuit is filed, while litigation is pending, before or during arbitration, following the commencement of enforcement proceedings or whenever the parties wish to resolve an existing private law dispute without obtaining a judicial decision.

The increasing use of voluntary mediation reflects the practical disadvantages of traditional litigation. Court proceedings may involve substantial legal costs, expert examinations, witness hearings, appeals and lengthy enforcement processes. Voluntary mediation gives parties the opportunity to discuss their interests confidentially and develop solutions that may not be available through a court judgment.

A commercial dispute may be resolved through a revised payment schedule. A landlord and tenant may agree on a voluntary eviction date. Former business partners may settle financial claims while preserving confidentiality. Family members may resolve inheritance-related monetary disputes without damaging their personal relationships further.

However, voluntary mediation should not be regarded as an informal conversation without legal consequences. A settlement agreement signed at the end of the process may be binding, may prevent future litigation concerning the matters settled and may become directly enforceable under the conditions established by Turkish law.

This article explains the meaning of voluntary mediation in Turkey, the disputes suitable for mediation, the application procedure, the role of the mediator, confidentiality, limitation periods, settlement agreements, enforceability and the advantages and risks of the process.

What Is Voluntary Mediation Under Turkish Law?

Voluntary mediation is a structured process in which parties freely decide to attempt settlement with the assistance of a registered mediator.

The mediator does not act as a judge, arbitrator or representative of either party. The mediator does not determine liability, calculate compensation on behalf of one side or impose a legally binding decision.

Instead, the mediator helps the parties:

• Identify the disputed issues;
• Communicate their positions;
• Understand their underlying interests;
• Evaluate settlement alternatives;
• Exchange proposals;
• Develop mutually acceptable terms;
• Record any agreement in writing.

The essential feature of voluntary mediation is party autonomy. The parties control both the process and the outcome.

They may decide:

• Whether to begin mediation;
• Which mediator to appoint;
• Which issues to discuss;
• Who may attend;
• Where and how meetings will take place;
• Whether meetings will be conducted online;
• Whether experts or advisers will participate;
• Whether to settle all or part of the dispute;
• When to terminate the process.

This flexibility distinguishes voluntary mediation from litigation. In court proceedings, procedural rules, hearing dates, evidence requirements and available remedies are determined by law and the court. In mediation, the parties may design a process suited to their dispute.

Voluntary Mediation and Mandatory Mediation: What Is the Difference?

Turkish law recognises both voluntary mediation and mediation as a condition of action.

Mandatory mediation applies where legislation requires a claimant to apply to a mediator before filing a specified type of lawsuit. Employment, commercial, consumer, rental, co-ownership, condominium and neighbourhood disputes may fall within mandatory mediation rules depending on the nature of the claim.

Voluntary mediation applies where:

• The law does not require mediation;
• The parties wish to mediate before a mandatory application becomes necessary;
• The parties jointly select mediation during litigation;
• The parties attempt settlement beyond the minimum mandatory procedure;
• A contract contains a mediation clause;
• The parties voluntarily refer a dispute to mediation before arbitration.

The most important distinction is the source of the application.

In mandatory mediation, the claimant must complete the application stage before filing the relevant lawsuit. In voluntary mediation, the process begins because one or both parties choose it.

However, settlement remains voluntary in both systems. Even where applying to mediation is mandatory, no party is required to sign an agreement.

In voluntary mediation, a party may withdraw at any stage. The mediator may not pressure a party to continue or accept a proposal.

Which Disputes Are Suitable for Voluntary Mediation?

Law No. 6325 applies to private law disputes concerning matters over which the parties may freely dispose. This includes disputes involving foreign parties or cross-border elements.

Voluntary mediation may be used in a broad range of disputes.

Commercial Contract Disputes

Companies may use voluntary mediation for disputes involving:

• Unpaid invoices;
• Sale of goods;
• Supply agreements;
• Distribution agreements;
• Agency agreements;
• Franchise contracts;
• Service agreements;
• Software contracts;
• Technology licences;
• Construction projects;
• Logistics services;
• Insurance claims;
• Shareholder agreements.

Commercial parties may prefer mediation where they have an ongoing business relationship or wish to protect confidential information.

Employment Disputes

Employees and employers may use voluntary mediation for:

• Severance pay;
• Notice compensation;
• Unpaid salary;
• Overtime;
• Bonuses;
• Commissions;
• Workplace transfers;
• Mutual termination;
• Confidentiality;
• Non-compete obligations;
• Return of company property.

Some employment claims are already subject to mandatory mediation before litigation. Nevertheless, the parties may voluntarily initiate negotiations before a formal mandatory application or use mediation for broader workplace concerns.

Rental Disputes

Voluntary mediation may help landlords and tenants resolve:

• Rent increases;
• Rent arrears;
• Deposit claims;
• Maintenance obligations;
• Common expenses;
• Property damage;
• Lease renewal;
• Commercial lease restructuring;
• Voluntary eviction.

Most court-based rental disputes are now subject to mandatory mediation. However, the parties remain free to approach a mediator jointly before a formal dispute escalates.

Consumer Disputes

Consumers and businesses may voluntarily mediate disputes involving:

• Defective goods;
• Defective services;
• Vehicle purchases;
• Residential property;
• E-commerce;
• Banking;
• Insurance;
• Private education;
• Healthcare;
• Tourism;
• Subscription services.

Where a dispute falls within the jurisdiction of a Consumer Arbitration Committee, the statutory committee procedure may still apply. A voluntary settlement may nevertheless resolve the dispute before a formal decision is required.

Inheritance and Family Property Disputes

Voluntary mediation may be useful for monetary and property disputes among family members, including:

• Division of inherited property;
• Payment of inheritance shares;
• Use of jointly owned assets;
• Compensation between heirs;
• Family company disputes;
• Distribution of movable property.

The parties cannot mediate issues over which they have no freedom of disposition, such as certain matters of personal status. Domestic violence allegations are outside the scope of mediation under Law No. 6325.

Co-Ownership and Real Estate Disputes

Co-owners may negotiate:

• Sale of jointly owned property;
• Purchase of one owner’s share;
• Physical division;
• Use of the property;
• Rental income;
• Maintenance expenses;
• Compensation for exclusive use.

Real estate settlements may require additional legal formalities, court review and land registry procedures.

Intellectual Property Disputes

Voluntary mediation may be used for monetary and contractual disputes involving:

• Trademarks;
• Patents;
• Copyright;
• Software;
• Trade secrets;
• Licensing agreements;
• Royalties;
• Franchise rights.

The parties may agree on compensation, future licensing, restricted use, removal of content or confidentiality.

Cross-Border Disputes

Foreign companies and individuals may use voluntary mediation where:

• A Turkish party is involved;
• The contract is governed by Turkish law;
• Performance takes place in Turkey;
• Assets are located in Turkey;
• Turkish courts have jurisdiction;
• The settlement will be enforced in Turkey.

Cross-border mediation may reduce translation costs, travel expenses and uncertainty associated with litigation in a foreign jurisdiction.

Which Disputes Are Not Suitable for Voluntary Mediation?

Not every dispute may be resolved through mediation.

Mediation is generally not suitable where:

• The parties cannot freely dispose of the right;
• The matter concerns criminal liability;
• The dispute concerns an administrative sanction;
• The issue concerns certain aspects of personal status;
• The proposed settlement violates public policy;
• Domestic violence is alleged;
• Mandatory official form requirements cannot be satisfied through the proposed agreement.

A private settlement cannot eliminate criminal responsibility. Parties may discuss compensation arising from certain conduct, but they cannot prevent public authorities from investigating or prosecuting an offence.

Similarly, a mediation agreement cannot create a legally valid transfer of real estate unless applicable formal and registration requirements are followed.

The parties should obtain legal advice before assuming that every element of a dispute can be resolved through mediation.

When Can Voluntary Mediation Be Started?

Voluntary mediation may be initiated at almost any stage of a dispute.

Before Litigation

The parties may use mediation as soon as a disagreement arises.

Early mediation may prevent:

• Escalation of conflict;
• Termination of a commercial relationship;
• Accumulation of interest;
• Court fees;
• Reputational damage;
• Loss of evidence;
• Enforcement expenses.

During Litigation

Parties may agree to mediation after a lawsuit has been filed.

A pending case does not prevent settlement. The parties may inform the court that they are attempting mediation and may request appropriate procedural time where permitted.

If the dispute is settled, the agreement should address:

• Withdrawal of the lawsuit;
• Court costs;
• Lawyers’ fees;
• Interim measures;
• Expert expenses;
• Enforcement of the settlement.

During Enforcement Proceedings

A creditor and debtor may use voluntary mediation after enforcement proceedings have started.

They may agree on:

• Payment by instalments;
• Reduction of interest;
• Withdrawal of objections;
• Release of attachments;
• Provision of security;
• Closure of the enforcement file.

The settlement should state whether enforcement will be suspended, maintained or withdrawn and at what stage.

Before or During Arbitration

Parties to an arbitration agreement may mediate before commencing arbitration or while proceedings are pending.

A settlement may then be incorporated into an arbitral award where the applicable rules allow, or it may be documented as a separate mediation agreement.

How Is Voluntary Mediation Initiated?

Voluntary mediation usually begins when one party invites the other party to participate.

The invitation may be made:

• Directly;
• Through a lawyer;
• Through a registered mediator;
• Under a contractual mediation clause;
• Following a court’s recommendation;
• By joint application.

The Ministry of Justice publishes official templates for voluntary mediation, including invitation letters, agreement final reports and non-agreement final reports.

The invitation should generally identify:

• The parties;
• The nature of the dispute;
• The proposal to use mediation;
• The mediator or selection method;
• Contact information;
• Proposed meeting arrangements;
• Confidentiality of the process.

A party cannot be compelled to accept the invitation.

If the other party refuses, voluntary mediation does not begin unless another legal obligation independently requires a mandatory mediation application.

How Is the Mediator Selected?

In voluntary mediation, the parties are generally free to select a mediator registered with the Ministry of Justice.

The official register of mediators is maintained by the Mediation Department of the Ministry of Justice.

The parties may consider:

• Area of expertise;
• Experience;
• Language skills;
• Location;
• Availability;
• Familiarity with the relevant sector;
• Ability to conduct online mediation;
• Experience with cross-border disputes.

A construction dispute may benefit from a mediator experienced in construction law. A shareholder dispute may require knowledge of commercial and company law. An international dispute may require a mediator who can conduct negotiations in English.

The mediator must remain impartial regardless of which party initially made contact.

What Is the Role of the Mediator?

The mediator manages the negotiation process but does not determine the legal outcome.

The mediator may:

• Explain the mediation procedure;
• Confirm the voluntary nature of participation;
• Identify the issues;
• Facilitate communication;
• Hold joint meetings;
• Hold separate confidential meetings;
• Help parties evaluate alternatives;
• Encourage realistic proposals;
• Assist with drafting the settlement structure.

The mediator must act independently, impartially and carefully.

The mediator may not:

• Represent either party;
• Act as a judge;
• Impose a settlement;
• Threaten a party;
• Favour one side;
• Provide confidential information to the other party without permission;
• Decide disputed facts.

The parties should distinguish between the mediator and their own lawyer. The mediator protects the integrity of the process. A lawyer protects the interests of the client.

Can Lawyers Participate in Voluntary Mediation?

Yes. Parties may participate personally, through legal representatives or with their lawyers.

Legal representation is strongly recommended where:

• The dispute is high-value;
• The legal issues are complex;
• The agreement contains releases;
• Payment will be made by instalments;
• Real estate is involved;
• Foreign parties participate;
• There are pending lawsuits or enforcement proceedings;
• The settlement may require compulsory enforcement.

A lawyer may:

• Analyse the claim;
• Calculate amounts;
• Review evidence;
• Develop a negotiation strategy;
• Evaluate proposals;
• Protect limitation periods;
• Verify representative authority;
• Draft the settlement;
• Obtain an enforceability annotation;
• Initiate enforcement if the agreement is breached.

The mediator cannot replace the legal advice provided by a party’s own lawyer.

How Are Voluntary Mediation Meetings Conducted?

The parties and mediator may agree on the structure of the process.

Meetings may be conducted:

• In person;
• Online;
• By video conference;
• In joint sessions;
• In separate sessions;
• Through a combination of these methods.

A typical voluntary mediation process may include:

1. Selection of the mediator;
2. Confirmation of participation;
3. Explanation of confidentiality;
4. Identification of the dispute;
5. Opening statements;
6. Review of interests and evidence;
7. Separate private meetings;
8. Exchange of settlement proposals;
9. Drafting of settlement terms;
10. Signature of the final documents.

The process may be completed in a single meeting or continue through several sessions.

Unlike mandatory mediation, voluntary mediation is not generally tied to the same statutory completion periods applicable to particular mandatory categories. The parties may establish a timetable that suits the complexity of the dispute.

Can Voluntary Mediation Be Conducted Online?

Yes. Online voluntary mediation is possible where the parties and mediator can participate effectively and confidentiality can be protected.

Online mediation is particularly useful for:

• Foreign companies;
• Parties in different cities;
• Overseas employees;
• International commercial disputes;
• Urgent settlement negotiations.

The parties should ensure:

• Verification of identity;
• Secure communication;
• Confidential surroundings;
• Availability of documents;
• Proper authority of participants;
• Reliable signature procedures;
• Safe storage of records.

Remote mediation should not result in reduced legal preparation. The resulting agreement may have the same binding effect as an agreement reached in person.

Confidentiality in Voluntary Mediation

Confidentiality is one of the most important advantages of voluntary mediation.

The mediator, parties, lawyers and other participants are generally required to keep confidential the information obtained during the process.

Confidential material may include:

• Settlement proposals;
• Admissions made for negotiation;
• Draft agreements;
• Internal commercial information;
• Financial difficulties;
• Employee records;
• Customer information;
• Trade secrets;
• Personal data.

Statements and documents prepared solely for mediation cannot generally be relied upon as evidence in later litigation or arbitration.

However, a pre-existing document does not become inadmissible merely because it was presented during mediation.

For example:

• An invoice remains an invoice;
• A contract remains evidence;
• A bank statement remains usable;
• A termination notice remains relevant.

By contrast, an offer to settle for a reduced amount is generally protected as part of the confidential process.

The parties may sign an additional confidentiality agreement where highly sensitive information is involved.

Does Voluntary Mediation Affect Limitation Periods?

Yes. The commencement of mediation has legal consequences for limitation and forfeiture periods under Law No. 6325.

The relevant period from the commencement of the mediation process until its termination is generally not taken into account when calculating limitation and forfeiture periods.

However, parties should not rely on a general assumption that every deadline is automatically protected.

A lawyer should determine:

• When mediation legally commenced;
• Which parties were included;
• Which claims were covered;
• Whether the relevant right had already expired;
• Whether a contractual notice period applies;
• Whether a short statutory filing period exists.

A mediation application cannot revive an expired right.

In addition, a claim against a party who was not included in the process may raise separate limitation issues.

How Does Voluntary Mediation End?

Voluntary mediation may end when:

• The parties reach a full agreement;
• The parties reach a partial agreement;
• One party withdraws;
• Both parties decide to terminate;
• The mediator concludes that continuation is inappropriate;
• The dispute is found unsuitable for mediation;
• No settlement is reached.

The mediator prepares a final report recording how the process ended.

The Ministry of Justice provides separate official templates for voluntary mediation ending with agreement and voluntary mediation ending without agreement.

The final report should not unnecessarily disclose confidential negotiation details.

What Is a Voluntary Mediation Settlement Agreement?

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

The agreement may contain:

• Payment obligations;
• Instalment plans;
• Interest;
• Delivery of goods;
• Repair or replacement;
• Contract amendment;
• Termination;
• Voluntary eviction;
• Return of deposits;
• Withdrawal of proceedings;
• Confidentiality;
• Mutual releases;
• Security;
• Default consequences.

The settlement agreement should be distinguished from the mediator’s final report.

The agreement contains the obligations. The final report records the outcome of the process.

A properly drafted settlement agreement should identify:

• Full names of the parties;
• Identification or registration numbers;
• Authority of representatives;
• Subject matter of the dispute;
• Claims covered;
• Settlement amount;
• Payment method;
• Due dates;
• Currency;
• Interest;
• Security;
• Default provisions;
• Costs;
• Release;
• Enforcement.

Are Voluntary Mediation Agreements Binding?

Yes. A valid voluntary mediation settlement agreement is binding as a private law contract.

The agreement must comply with general contract law requirements, including:

• Legal capacity;
• Proper authority;
• Free and informed consent;
• Lawful subject matter;
• Compliance with mandatory form;
• Clarity of obligations.

Law No. 6325 also provides that parties who settle through mediation cannot generally file a new lawsuit concerning the matters on which they agreed.

The scope of this prohibition depends on the wording of the agreement.

For example, a settlement concerning three specified invoices should not automatically be treated as releasing every claim arising from the entire commercial relationship unless the agreement expressly says so.

The parties should avoid unnecessarily broad language.

Can a Voluntary Mediation Agreement Be Enforced?

Yes. A mediation settlement agreement may become enforceable as a document equivalent to a court judgment.

The parties may apply to the competent court for an enforceability annotation. The court examines whether:

• The dispute concerns a matter over which the parties may freely dispose; and
• The obligations are suitable for compulsory enforcement.

An agreement containing an enforceability annotation is treated as a judgment-equivalent document.

Under the statutory conditions, an agreement signed by the parties, their lawyers and the mediator may qualify directly as an enforceable document without requiring a separate annotation.

However, special rules apply to certain matters, particularly agreements involving the transfer of real estate or establishment of limited real rights.

What Is an Enforceability Annotation?

An enforceability annotation is a court endorsement confirming that the settlement agreement can be enforced through judgment-based enforcement procedures.

The application is generally treated as a non-contentious judicial matter and may be examined on the file. The competent court is determined according to the jurisdiction and venue rules applicable to the underlying dispute.

The court does not normally retry the original dispute.

Instead, it examines whether the agreement is legally suitable for enforcement.

An agreement may face difficulty where:

• The debtor is not clearly identified;
• The amount is uncertain;
• The due date is missing;
• The property is not properly described;
• A representative lacked authority;
• The obligation violates mandatory law;
• The agreement concerns a non-mediable matter.

Drafting an Enforceable Voluntary Mediation Agreement

The settlement should answer four questions:

1. Who must perform?
2. What must be performed?
3. When must performance occur?
4. What happens if performance does not occur?

Monetary Settlements

A monetary settlement should state:

• Exact principal amount;
• Currency;
• Interest;
• Payment dates;
• Bank account;
• Instalments;
• Default interest;
• Acceleration;
• Enforcement costs.

Eviction Settlements

An eviction settlement should state:

• Complete address of the property;
• Independent unit;
• Delivery date;
• Key delivery;
• Condition of the property;
• Deposit repayment;
• Utility responsibilities;
• Consequences of late departure.

Commercial Settlements

A commercial settlement should identify:

• Relevant contract;
• Invoice numbers;
• Principal receivable;
• Interest;
• Taxes;
• Security;
• Existing enforcement files;
• Withdrawal conditions;
• Confidentiality.

Employment Settlements

An employment settlement should separately identify:

• Severance pay;
• Notice compensation;
• Salary;
• Overtime;
• Annual leave;
• Bonuses;
• Other compensation;
• Gross or net nature of payments.

Consumer Settlements

A consumer settlement should define:

• Refund;
• Replacement;
• Repair;
• Return procedure;
• Warranty;
• Delivery costs;
• Default remedy.

Conditional Releases in Voluntary Mediation

A release clause may prevent future claims.

Where payment will occur after signature, the creditor should consider making the release conditional on full and timely performance.

An unconditional release may result in the creditor waiving the claim before receiving payment.

A conditional clause may state that:

• The debtor is released only after all instalments are paid;
• The settlement discount is lost upon default;
• The original claim revives to the extent legally agreed;
• Pending proceedings will be withdrawn only after performance.

The drafting must be compatible with Turkish law and sufficiently precise.

Costs of Voluntary Mediation

Unlike mandatory mediation, voluntary mediation is generally financed by the parties from the beginning of the process.

Mediator fees are determined according to:

• The Mediation Minimum Fee Tariff;
• The nature of the dispute;
• The value of the settlement;
• Time spent;
• Any lawful fee agreement.

The Ministry of Justice publishes annual mediation fee tariffs.

The parties may agree that:

• Fees will be shared equally;
• One party will pay all fees;
• Fees will be deducted from the settlement;
• Each party will bear its own legal costs.

Lawyers’ fees are separate from the mediator’s fee.

The allocation of costs should be documented clearly.

Advantages of Voluntary Mediation in Turkey

Freedom to Choose the Process

The parties select the mediator, timetable, meeting format and issues to be discussed.

Faster Resolution

A dispute may be resolved within days or weeks rather than years.

Confidentiality

Commercial secrets, personal information and settlement offers remain private.

Flexible Solutions

The parties may agree on remedies that a court may not ordinarily order.

Lower Costs

Successful mediation may reduce court fees, expert costs, translation expenses, interest and enforcement costs.

Preservation of Relationships

The process may preserve employment, commercial, family and rental relationships.

Control Over the Outcome

No settlement is imposed. Each party controls whether to sign.

Cross-Border Convenience

Foreign parties may participate remotely and negotiate bilingual agreements.

Reduced Enforcement Risk

A carefully structured agreement may include security, instalments and direct enforceability.

Disadvantages and Risks of Voluntary Mediation

Voluntary mediation is not suitable in every case.

Refusal to Participate

The other party may reject the invitation.

Unequal Bargaining Power

A financially stronger party may attempt to impose unfavourable terms.

Incomplete Disclosure

A party may not disclose all relevant information voluntarily.

Delay Tactics

A debtor may use negotiations merely to gain time.

Unenforceable Drafting

Unclear obligations may be difficult to enforce.

Broad Waivers

A party may unintentionally release valuable claims.

Lack of Interim Protection

Mediation does not automatically prevent asset transfers or preserve evidence.

Costs Without Settlement

The parties may incur mediator and lawyer fees without reaching agreement.

Where urgent interim attachment, injunction or evidence preservation is required, legal protective measures should be considered separately.

Voluntary Mediation and Interim Measures

Starting mediation does not automatically prevent a party from seeking urgent judicial protection.

Depending on the dispute, a party may still need to consider:

• Interim attachment;
• Preliminary injunction;
• Evidence preservation;
• Registration of a dispute;
• Protective enforcement;
• Contractual notice;
• Suspension requests.

The decision to mediate should not expose the claimant to asset dissipation or loss of evidence.

A lawyer should coordinate mediation with any necessary interim measures.

Voluntary Mediation for Foreign Individuals and Companies

Foreign individuals and companies may participate in voluntary mediation in Turkey.

They may be represented by a Turkish lawyer under an appropriate power of attorney.

Foreign documents may require:

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

A cross-border settlement should address:

• Governing law;
• Jurisdiction;
• Arbitration;
• Currency;
• Tax;
• International bank charges;
• Language;
• Place of enforcement;
• Authority of signatories;
• Recognition abroad.

A bilingual agreement should state which language version prevails.

The Singapore Convention and International Settlement Agreements

International commercial settlements resulting from mediation may fall within the United Nations Convention on International Settlement Agreements Resulting from Mediation, commonly known as the Singapore Convention.

The Convention may facilitate enforcement of qualifying international commercial mediation agreements in contracting states.

However, not every agreement falls within its scope.

The parties should examine:

• Whether the agreement is international;
• Whether it is commercial;
• Whether it resulted from mediation;
• Whether an exclusion applies;
• Whether the enforcement state is a contracting party;
• Whether the agreement is already enforceable as a judgment or arbitral award.

The Convention does not eliminate the need for clear drafting and valid authority.

The Role of a Turkish Voluntary Mediation Lawyer

A Turkish mediation lawyer may assist by:

• Determining whether the dispute is suitable for mediation;
• Identifying mandatory and voluntary elements;
• Contacting the opposing party;
• Selecting a mediator;
• Protecting limitation periods;
• Calculating claims;
• Reviewing evidence;
• Preparing negotiation strategy;
• Representing the client;
• Drafting the settlement;
• Limiting releases;
• Obtaining an enforceability annotation;
• Initiating enforcement;
• Coordinating foreign documents and translations.

The lawyer should participate before the settlement terms are finalised, not merely review the document after signature.

Frequently Asked Questions About Voluntary Mediation in Turkey

Is voluntary mediation legally recognised in Turkey?

Yes. It is regulated principally by Law No. 6325 on Mediation in Civil Disputes.

Can one party force another party to participate?

No. Participation in voluntary mediation requires consent.

Can a party leave the process at any time?

Yes. A party may generally terminate voluntary participation at any stage before settlement.

Does the mediator decide who is right?

No. The mediator facilitates negotiation and does not issue a decision.

Can voluntary mediation be used while a lawsuit is pending?

Yes. Parties may use mediation during litigation.

Can mediation be conducted online?

Yes. Online mediation may be used where effective and confidential participation is possible.

Are settlement negotiations confidential?

Yes. Statements and proposals made specifically during mediation are generally protected.

Does voluntary mediation stop limitation periods?

The statutory mediation period has legal consequences for limitation and forfeiture calculations, but deadlines should still be reviewed individually.

Is a voluntary mediation agreement binding?

Yes. A valid settlement agreement is binding on the parties.

Can the settlement be directly enforced?

It may be directly enforceable if statutory signature requirements are satisfied. Otherwise, an enforceability annotation may be required.

Can a lawsuit be filed after settlement?

The parties cannot generally file a new lawsuit concerning matters clearly settled in the agreement.

Can foreign companies use voluntary mediation in Turkey?

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

Conclusion

Voluntary mediation in Turkey provides individuals and companies with a flexible, confidential and legally recognised method of resolving private law disputes.

The process is based on free participation, party autonomy, impartiality and confidentiality. The parties decide whether to begin mediation, which mediator to select, which issues to negotiate and whether to sign a settlement.

Voluntary mediation may be used in commercial, employment, rental, consumer, inheritance, property, intellectual property and cross-border disputes, provided that the parties may freely dispose of the relevant rights.

Its principal advantages include speed, confidentiality, lower costs, flexible remedies and preservation of relationships.

However, voluntary mediation also involves legal risks. A settlement may contain broad releases, delayed payments, unclear obligations or insufficient security. Once validly signed, it may prevent future litigation concerning the settled matters.

For this reason, the process should be carefully prepared.

The parties should:

• Identify the correct legal parties;
• Review limitation periods;
• Calculate claims;
• Evaluate evidence;
• Verify representative authority;
• Define negotiation objectives;
• Draft clear obligations;
• Regulate default;
• Protect rights until performance;
• Plan enforcement in advance.

A settlement agreement may become enforceable through an enforceability annotation or, where statutory signature requirements are satisfied, may qualify directly as a judgment-equivalent document.

Foreign individuals and companies may also use voluntary mediation in Turkey, including through online meetings and bilingual settlement agreements.

An experienced Turkish mediation lawyer can help the client assess whether mediation is appropriate, develop an effective negotiation strategy and prepare a settlement that is valid, balanced and capable of enforcement.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Turkish mediation, contract, enforcement, tax and procedural legislation may change. Each dispute should be evaluated according to its specific facts and the legislation in force on the relevant date.