Limitation Periods and Mediation Under Turkish Law

Introduction

Limitation periods and mediation under Turkish law must be evaluated together whenever a claimant intends to negotiate before filing a lawsuit. A legally justified claim may become unenforceable if the applicable limitation period expires. Similarly, failure to comply with a forfeiture period may result in the complete loss of the right to bring a particular action.

Mediation may protect parties against the expiry of these periods while negotiations are continuing. However, this protection is not unlimited. The legal effect depends on whether the process is mandatory or voluntary, when mediation legally begins, when it ends, which parties are included and which claims are identified in the application.

Under Law No. 6325 on Mediation in Civil Disputes, the time spent in mediation is generally excluded from the calculation of limitation and forfeiture periods. In mandatory mediation, the period from the application to the mediation office until the date of the final report is not counted. The law states that limitation is suspended and forfeiture periods do not run during this interval.

This rule is extremely important in employment, commercial, consumer, rental, co-ownership, condominium and neighbourhood disputes, where mediation may be a condition of action before litigation.

Nevertheless, applying to mediation does not automatically protect every possible claim against every possible party. A late application does not revive a period that has already expired. An application against the wrong company may not preserve a claim against the correct debtor. A broadly worded application may create uncertainty over whether a later claim was actually included.

Parties should therefore avoid treating mediation as a simple administrative pause. Deadline analysis should begin before the mediation application is submitted.

This article explains limitation periods and mediation under Turkish law, including the distinction between limitation and forfeiture periods, the suspensive effect of mediation, commencement and termination of the process, mandatory and voluntary mediation, employment and reinstatement claims, commercial disputes, rental cases, consumer claims, incorrectly identified parties and practical deadline calculations.

What Is a Limitation Period Under Turkish Law?

A limitation period is the legally prescribed period within which a claim must generally be pursued.

When a limitation period expires, the underlying right does not necessarily disappear automatically. Instead, the debtor may obtain the right to refuse performance by raising a limitation defence in court.

This distinction is important.

A court does not generally consider limitation automatically in every private law dispute. The defendant must normally raise the defence properly and within the applicable procedural framework.

If the defendant does not rely on limitation, the court may still examine the claim and issue a judgment.

A time-barred debt may also continue to exist as an incomplete obligation. If the debtor voluntarily pays the debt, repayment cannot necessarily be requested merely because the claim was already time-barred.

Limitation periods therefore affect the enforceability of a claim rather than always eliminating the underlying obligation completely.

Common claims subject to limitation may include:

• Contractual receivables;
• Commercial invoice claims;
• Employment receivables;
• Rent claims;
• Deposit claims;
• Compensation claims;
• Unjust enrichment claims;
• Claims arising from defective goods or services;
• Reimbursement claims between co-owners;
• Certain inheritance-related financial claims.

The applicable period depends on the legal basis of the claim, the parties, the contract and special legislation.

What Is a Forfeiture Period?

A forfeiture period, known in Turkish as a hak düşürücü süre, has a stronger legal effect than an ordinary limitation period.

When a forfeiture period expires, the relevant right to bring the action or exercise the legal remedy may be lost.

Unlike ordinary limitation, a court may be required to examine a forfeiture period on its own initiative.

The defendant does not necessarily need to raise a separate defence.

Forfeiture periods are commonly used where the legal system requires a dispute to be raised quickly and finally.

Examples may include:

• The period for applying to mediation in reinstatement disputes;
• The period for filing a reinstatement lawsuit after unsuccessful mediation;
• Certain objection periods;
• Periods for challenging specific decisions;
• Some eviction-related filing periods;
• Special rights of withdrawal or cancellation;
• Periods under enforcement legislation.

Confusing limitation with forfeiture may cause serious errors.

A claimant may believe that the other party must raise the issue, while the court may be required to dismiss the action automatically because the forfeiture period expired.

The Difference Between Limitation and Forfeiture

The practical differences may be summarised as follows:

A limitation period generally affects the judicial enforceability of a claim. A forfeiture period may eliminate the legal ability to exercise the relevant remedy.

A limitation defence is generally raised by the defendant. A forfeiture period may be considered by the court automatically.

A time-barred debt may still be paid voluntarily. A right subject to an expired forfeiture period may no longer be legally exercisable.

Mediation affects both categories, but the statutory wording differs slightly.

During the protected mediation period:

• Limitation is suspended; and
• The forfeiture period does not run.

In practical terms, the mediation interval is excluded when calculating both types of deadline.

Legal Basis for the Effect of Mediation on Time Limits

The principal rules are contained in Law No. 6325 on Mediation in Civil Disputes.

For mandatory mediation, Article 18/A provides that the time from the application to the mediation office until the preparation of the final report is excluded from the calculation of limitation and forfeiture periods. The official Ministry of Justice text states that limitation stops and forfeiture periods do not run during this interval.

The Regulation on Mediation in Civil Disputes similarly provides that the period between the commencement and termination of mediation is not taken into account when calculating limitation and forfeiture periods.

Comparable rules appear in sector-specific mandatory mediation legislation. For example, the Labour Courts Law confirms that the period from application to the mediation office until preparation of the final report is excluded from limitation and forfeiture calculations in covered employment disputes.

The purpose of these provisions is clear: a claimant who is legally required or voluntarily encouraged to negotiate should not lose the claim merely because time passes during the mediation procedure.

Does Mediation Interrupt or Suspend Limitation?

The legal effect is generally described as suspension rather than interruption.

This distinction matters.

Suspension

Where limitation is suspended, the period that elapsed before mediation remains relevant. After mediation ends, the remaining part of the original period continues to run.

Interruption

Where limitation is interrupted, the period that previously elapsed may be erased and a new full period may begin.

Mediation generally does not provide a completely new limitation period.

It excludes the mediation interval from the calculation and leaves the claimant with the remaining period.

For example, assume that only 20 days remained when mandatory mediation was initiated.

If mediation continued for 30 days, those 30 days would generally not be counted. When the final report was issued, the claimant would still have approximately the remaining 20 days, subject to the precise statutory calculation and any special rules.

The claimant would not automatically receive an entirely new multi-year limitation period.

When Does Protection Begin in Mandatory Mediation?

In mandatory mediation, the protected period begins when the application is made to the competent mediation office.

This date may be extremely important.

The date on which:

• The mediator is appointed;
• The mediator calls the parties;
• The first meeting takes place; or
• The opposing party receives an invitation

is generally later than the application date.

The statutory rule protects the period from the application to the mediation office until the final report.

The applicant should therefore preserve:

• Application document;
• Application number;
• Filing date;
• UYAP record;
• Mediation office receipt;
• Information concerning the parties and claims included.

A verbal discussion with the opposing party does not have the same legal effect as submitting a formal mandatory mediation application.

Likewise, contacting a mediator informally may not replace a proper application where mediation is a statutory condition of action.

When Does Protection Begin in Voluntary Mediation?

The commencement of voluntary mediation requires more careful analysis.

Voluntary mediation does not necessarily begin merely because one party sends an invitation.

The process generally begins when the parties agree to mediate and this commencement is properly documented in accordance with Law No. 6325 and the applicable regulation.

The official Ministry of Justice voluntary mediation invitation template states that the period from the commencement to the conclusion of mediation is excluded from limitation and forfeiture calculations.

A unilateral email saying “we invite you to negotiate” may not by itself suspend limitation if the other party does not accept or the process does not legally begin.

For safety, the parties should ensure that the commencement of voluntary mediation is documented through:

• Written mediation agreement;
• Mediator appointment record;
• Initial protocol;
• First meeting record;
• Written acceptance of the invitation;
• Another formal document identifying the commencement date.

A claimant close to the end of a limitation period should not rely on an unanswered invitation.

Where the deadline is approaching, filing a lawsuit, initiating an appropriate enforcement proceeding or submitting a mandatory mediation application may need to be considered.

When Does the Protected Period End?

The protected period generally ends when the final mediation report is prepared.

The final report may record:

• Full agreement;
• Partial agreement;
• No agreement;
• Refusal to continue;
• Inability to contact a party;
• Non-attendance;
• Another recognised termination ground.

The date of the last meeting and the date of the final report may not always be the same.

For deadline purposes, the statutory wording refers to the date on which the final report is prepared in mandatory mediation.

The claimant should obtain a copy immediately and record the date.

This is particularly important where only a short period remains for filing the lawsuit.

Waiting for an informal confirmation from the mediator, a later email or delivery of another document may result in loss of time.

Does Time Start Running Again Immediately?

As a general principle, the excluded mediation interval ends with the final report, and the remaining period begins to run again according to the applicable calculation rules.

However, special statutes may provide a specific post-mediation lawsuit period.

For example, reinstatement claims have a dedicated two-week filing period following an unsuccessful mediation process.

Therefore, a lawyer should not rely only on a general “remaining limitation period” calculation.

The following questions must be answered:

1. Is the period ordinary limitation or forfeiture?
2. Is there a special post-mediation lawsuit period?
3. When was the mediation application filed?
4. When was the final report prepared?
5. How much time remained before mediation?
6. Does another notice or procedural requirement apply?

Mandatory Mediation Does Not Revive an Expired Claim

A mediation application made after limitation has already expired does not normally revive the claim.

The debtor may still choose to settle or waive the limitation defence. However, the applicant cannot assume that the formal mediation application has created a new right to sue.

For example, if a commercial receivable became time-barred before the creditor applied to mediation, the debtor may raise limitation in the later lawsuit.

Similarly, where a forfeiture period expired before the application, the legal remedy may already have been lost.

Mediation protects an existing period. It does not generally restore a right that had already expired.

This is why the claim-accrual date must be calculated before the application.

The Scope of the Application Matters

Mediation protects the claims and parties that are legally included in the process.

A claimant should not assume that an application concerning one debt automatically protects every claim arising from the commercial relationship.

For example, the parties may have:

• Several contracts;
• Multiple invoices;
• Different employment receivables;
• Several rented properties;
• Claims arising in different years;
• Separate compensation claims;
• Different debtors or guarantors.

The application should identify the subject matter sufficiently.

A commercial application may include:

• Contract date;
• Invoice numbers;
• Principal receivable;
• Interest;
• Compensation;
• Enforcement file;
• Annulment of objection;
• Negative declaratory relief.

An employment application may identify:

• Severance pay;
• Notice compensation;
• Salary;
• Overtime;
• Annual leave;
• Bonus;
• Reinstatement.

A rental application may identify:

• Eviction;
• Rent differences;
• Unpaid rent;
• Deposit;
• Damage;
• Common expenses.

If a later lawsuit includes a claim not submitted to mandatory mediation, the court may consider whether the condition of action was satisfied for that claim.

Separate questions may also arise over whether limitation was suspended for the omitted claim.

Correct Identification of the Opposing Party

The identity of the party against whom mediation is initiated may affect deadline protection.

A company may operate under:

• Brand name;
• Trade name;
• Branch name;
• Group-company name;
• Franchise name.

These may not all belong to the same legal person.

An employee may name the subcontractor but omit the principal employer. A creditor may name a subsidiary instead of the contracting company. A consumer may name the marketplace platform rather than the seller.

If the correct defendant was not included, the claimant may later face an argument that mediation did not suspend limitation against that defendant.

The applicant should verify:

• Full registered company name;
• Tax number;
• Trade registry number;
• Registered address;
• Legal status;
• Joint debtors;
• Guarantors;
• Principal and subcontractor employers;
• Co-owners;
• Heirs.

Adding the correct party after the period has expired may not always solve the problem.

Multiple Defendants and Joint Liability

Many disputes involve more than one potentially liable party.

Examples include:

• Principal employer and subcontractor;
• Seller and manufacturer;
• Main contractor and subcontractor;
• Principal debtor and guarantor;
• Several co-owners;
• Multiple heirs;
• Joint tortfeasors;
• Companies within the same project.

The claimant should determine whether each party must be included in mediation.

A limitation period may be affected differently for different debtors, particularly where liability is not identical or where interruption and suspension rules differ under substantive law.

A mediation application against one company should not automatically be assumed to protect the claim against all affiliated companies.

Employment Claims and Limitation Periods

Employment disputes frequently combine limitation periods with mandatory mediation.

Claims may include:

• Severance pay;
• Notice compensation;
• Unpaid wages;
• Overtime;
• Weekly rest pay;
• National and public holiday pay;
• Annual leave pay;
• Bonus;
• Commission;
• Employment-related compensation.

Each claim should be analysed according to:

• Accrual date;
• Termination date;
• Applicable limitation period;
• Transitional rules;
• Payments made;
• Acknowledgment or other legal events;
• Mediation application date.

The official Labour Courts Law confirms that the period between the mediation-office application and final report is excluded from limitation and forfeiture calculations.

However, this does not eliminate the need to identify each employment receivable in the application.

Reinstatement Claims: One-Month Application Period

Reinstatement is one of the clearest examples of a short forfeiture period.

An employee who alleges that termination was invalid must generally apply to mediation within one month from notification of termination.

This period is not an ordinary multi-year limitation period. It is a strict period protecting the employer against indefinite uncertainty concerning reinstatement.

The employee should determine:

• Date the termination notice was received;
• Whether the notice was written;
• Whether electronic service occurred;
• Whether the termination date differs from the notification date;
• Whether the correct employer is named;
• Whether principal and subcontractor employers should both participate.

Informal discussions with human resources do not safely replace a formal mediation application.

A promise that the employer will reconsider the dismissal does not necessarily extend the one-month period.

Reinstatement Claims: Two-Week Lawsuit Period

Where reinstatement mediation ends without agreement, the employee must generally file the lawsuit within two weeks from the date of the final report.

This is also a strict forfeiture period.

The employee should not confuse this period with the remaining time from the original one-month application period.

The two-week filing rule is a special statutory period triggered by the unsuccessful conclusion of mediation.

The lawyer should calculate the filing date immediately and avoid waiting for:

• Further settlement negotiations;
• Payment of severance;
• A later employer response;
• Delivery of unrelated documents;
• Informal reconsideration.

The parties may continue negotiating, but the employee should preserve the lawsuit deadline.

Commercial Claims and Limitation Periods

Mandatory mediation applies to many commercial actions concerning monetary payment, compensation, annulment of objection, negative declaratory relief and restitution.

Commercial claims may arise from:

• Unpaid invoices;
• Sale of goods;
• Distribution;
• Agency;
• Construction;
• Logistics;
• Software;
• Insurance;
• Banking;
• Shareholder relationships;
• Guarantees;
• Commercial leases.

The limitation period may depend on:

• Nature of the contract;
• Whether a special commercial period applies;
• Due date;
• Default notice;
• Partial payment;
• Acknowledgment;
• Account reconciliation;
• Negotiable instrument;
• Foreign law.

The application to mandatory commercial mediation excludes the mediation interval from the limitation calculation. The Ministry of Justice’s commercial mediation materials expressly repeat this rule.

However, starting an ordinary enforcement proceeding and applying to mediation are separate legal events. The effect of an enforcement application on limitation must be assessed under enforcement and substantive law.

Annulment of Objection Actions

Where a creditor begins ordinary enforcement and the debtor objects, the creditor may file an action for annulment of objection.

The creditor must consider:

• The statutory period for bringing the action;
• Limitation of the underlying debt;
• Mandatory mediation;
• Date of objection;
• Date the objection was learned;
• Scope of the enforcement proceeding;
• Parties included.

The mediation application should be made before the lawsuit and should identify the relevant enforcement file.

If the creditor delays, both the special action period and the underlying limitation period may become relevant.

Mandatory mediation protects time while the process is pending, but it does not correct a failure to initiate the correct remedy before a period expires.

Negotiable Instruments

Claims arising from cheques, promissory notes and bills of exchange may be governed by special and comparatively short periods.

A creditor should not assume that general commercial mediation rules provide a new full period for negotiable-instrument claims.

Questions may include:

• Presentment date;
• Protest or equivalent record;
• Recourse rights;
• Period against the drawer;
• Period against endorsers;
• Underlying contractual claim;
• Unjust enrichment claim;
• Enforcement route.

Mediation may suspend applicable time while pending, but the creditor must first identify which claim is being protected.

The negotiable-instrument claim and the underlying contractual claim may be subject to different periods.

Consumer Disputes

Consumer claims may involve:

• Defective goods;
• Defective services;
• Vehicles;
• Housing;
• Banking;
• Insurance;
• Online shopping;
• Private education;
• Healthcare;
• Tourism.

The first question is whether the dispute must be submitted to a Consumer Arbitration Committee or to mandatory mediation before a consumer court action.

Limitation, warranty and notification periods must be examined separately.

A mediation application does not automatically cure:

• Expiry of a warranty period;
• Failure to notify a defect;
• Expiry of a withdrawal period;
• Incorrect choice of procedure;
• Application against the wrong seller.

Where the dispute falls within mandatory consumer mediation, the application-to-final-report interval is excluded under the general mandatory mediation rule.

Rental Disputes

Rental disputes may involve several different time limits.

Examples include:

• Need-based eviction;
• New owner’s need;
• Two justified notices;
• Evacuation undertaking;
• Rent determination;
• Unpaid rent;
• Deposit return;
• Property damage;
• Compensation for occupation.

Mandatory mediation generally applies before most court-based rental lawsuits.

However, completing mediation does not replace substantive notice and filing requirements.

For example, an eviction claim may depend on:

• Date of notice;
• Beginning and end of the rental year;
• Date of acquisition by a new owner;
• Date stated in an evacuation undertaking;
• Date of payment notices;
• Statutory filing window.

The mediation interval may be excluded from deadline calculations where the law provides, but the underlying eviction requirements must still be satisfied.

A landlord should not wait until the last day of the filing window to apply.

Rent Determination Claims

Rent determination actions raise separate timing questions.

The effective date of the newly determined rent may depend on:

• Date of the lease;
• Start of the new rental period;
• Contractual increase clause;
• Written notice;
• Date of lawsuit;
• Date of mediation application.

Mandatory mediation is a procedural prerequisite, but it does not automatically guarantee that the new rent will apply from the beginning of a desired rental period.

The landlord should send any required notice and initiate mediation early enough to preserve the intended effective date.

The distinction between:

• Deadline to file the action;
• Condition of action;
• Effective date of the judgment

must be analysed carefully.

Co-Ownership and Property Disputes

Disputes concerning dissolution of co-ownership, condominium law and neighbourhood rights are generally subject to mandatory mediation.

Some property actions may not be subject to ordinary limitation in the same way as contractual receivables. However, connected financial claims may be.

Examples include:

• Past rental income;
• Occupation compensation;
• Expense reimbursement;
• Damage claims;
• Contractual share-transfer claims;
• Unjust enrichment.

A claimant seeking dissolution of co-ownership together with occupation compensation should analyse each claim independently.

The fact that the ownership claim remains available does not necessarily mean that all historical payment claims remain recoverable.

Voluntary Mediation During Pending Litigation

Parties may begin voluntary mediation after a lawsuit has been filed.

In this situation, limitation may already have been affected by filing the lawsuit.

However, other deadlines may continue to matter, including:

• Counterclaim periods;
• Appeal periods;
• Procedural submission deadlines;
• Interim measure periods;
• Arbitration-related time limits.

The parties should not assume that voluntary mediation automatically suspends every procedural deadline in an existing case.

The statutory mediation rule primarily concerns limitation and forfeiture periods connected with the underlying right.

Court-ordered deadlines and appeal periods may require separate court decisions or statutory analysis.

The parties should continue monitoring the pending case while negotiating.

Does Mediation Suspend Appeal Periods?

Generally, starting mediation does not automatically suspend the period for appealing an existing court judgment.

Appeal and cassation periods are procedural deadlines governed by separate legislation.

If parties begin settlement discussions after a judgment, they should still file any necessary appeal unless they have validly settled and intentionally waived the relevant remedy.

Similarly, mediation does not automatically extend:

• Time to respond to a lawsuit;
• Evidence-submission deadlines;
• Preliminary examination deadlines;
• Objection periods against procedural decisions;
• Time for enforcement complaints.

Each procedural period should be examined separately.

Does Mediation Suspend Enforcement Deadlines?

Not every enforcement deadline is automatically suspended merely because mediation has begun.

Enforcement law contains many special periods, including:

• Objection to payment orders;
• Complaints;
• Annulment-of-objection actions;
• Removal-of-objection procedures;
• Eviction-related periods;
• Negotiable-instrument objections;
• Restitution actions.

The effect of mediation depends on whether the relevant period is a limitation period, forfeiture period or a distinct procedural deadline.

A debtor who receives a payment order should not ignore the objection period because settlement discussions are continuing.

A creditor should not assume that mediation extends every enforcement remedy indefinitely.

Partial Settlement and Remaining Claims

Mediation may end with partial agreement.

In that situation, the final documentation should clearly identify:

• Claims settled;
• Claims not settled;
• Amounts agreed;
• Amounts remaining disputed;
• Parties released;
• Rights reserved.

The parties cannot generally file a new lawsuit concerning matters finally settled through a valid mediation agreement.

For unsettled claims, the remaining limitation or forfeiture period resumes after the mediation process ends.

A vague partial settlement may create uncertainty about whether a later claim remains available.

For example, an employee may settle severance and salary but reserve overtime. A commercial creditor may settle two invoices while preserving claims under another contract.

The reservation should be explicit.

Full Settlement and Time Limits

Where the parties reach a full settlement, limitation may become less important because the original dispute is resolved.

However, the settlement itself creates new contractual obligations.

The agreement may provide:

• Payment on a future date;
• Instalments;
• Delivery;
• Eviction;
• Repair;
• Transfer of property;
• Withdrawal of proceedings.

If the settlement is not performed, separate questions arise concerning:

• Enforcement of the mediation agreement;
• Limitation of the settlement obligation;
• Conditional release;
• Acceleration;
• Whether the original claim may be revived;
• Enforceability annotation.

The agreement should therefore regulate default clearly.

Settlement Does Not Always Preserve the Original Claim

A creditor may sign a settlement providing for payment at a later date and release the debtor immediately.

If the debtor defaults, the creditor may be limited to enforcing the settlement rather than pursuing the original claim.

The creditor should consider:

• Conditional release;
• Acceleration clause;
• Security;
• Default interest;
• Direct enforceability;
• Reservation of rights to the extent legally permissible.

Deadline planning should therefore continue even after settlement.

Calculation Example: Ordinary Limitation

Assume a commercial claim is subject to a limitation period expiring on 30 September.

The creditor submits a mandatory mediation application on 10 September.

At that point, 20 days remain.

The mediator prepares the final non-agreement report on 15 October.

The period from 10 September to 15 October is excluded from the calculation.

The creditor would generally continue with the remaining 20-day period after the end of mediation, subject to the precise calculation rules and the circumstances of the case.

The creditor should not assume that the new deadline is automatically 30 September of the following year or another full statutory period.

Calculation Example: Reinstatement

Assume an employee receives the termination notice on 3 March.

The employee must generally apply to mediation within one month.

If the employee applies on 25 March, the initial application requirement is satisfied within the relevant period.

If the final non-agreement report is issued on 12 April, the employee must generally file the reinstatement lawsuit within the special two-week period following that report.

The employee should not calculate the lawsuit period by simply adding unused days from the initial one-month application period.

The specific post-mediation two-week rule controls.

Calculation Example: Wrong Defendant

Assume an employee applies against Company A, believing it to be the employer.

After the limitation period expires, payroll and social security records show that Company B was the formal employer and Company C may be the principal employer.

The employee may face arguments that the initial mediation application did not protect the claims against Companies B and C.

Whether these parties may later be added depends on the employment structure, joint liability rules, scope of the original application and procedural law.

This example demonstrates why correct party identification is essential before filing.

Calculation Example: Voluntary Invitation

Assume a creditor has five days remaining before limitation expires.

The creditor emails the debtor and proposes voluntary mediation.

The debtor does not respond.

The creditor waits three weeks and later files a lawsuit.

The unanswered invitation may not establish that voluntary mediation legally commenced.

The creditor may therefore face a limitation defence.

Where the remaining period is short, the creditor should not rely on an informal invitation alone.

Common Deadline Mistakes in Mediation

Applying After the Period Has Expired

Mediation does not generally revive an already expired claim.

Naming the Wrong Defendant

The application may not protect claims against the correct party.

Omitting a Claim

A later lawsuit may include a claim that was never mediated.

Assuming a New Full Period Begins

Mediation generally suspends rather than resets limitation.

Confusing Limitation With Forfeiture

A court may examine an expired forfeiture period automatically.

Ignoring Special Post-Mediation Periods

Reinstatement has a specific two-week lawsuit period.

Relying on Informal Negotiations

Telephone calls and settlement emails may not constitute legally commenced mediation.

Waiting for Physical Delivery of the Final Report

The legally relevant date may be the date of preparation.

Ignoring Enforcement Deadlines

Mediation does not automatically suspend every enforcement objection or complaint period.

Assuming Appeal Periods Stop

Mediation generally does not automatically suspend appellate procedural deadlines.

Failing to Separate Multiple Claims

Different claims may have different accrual dates and periods.

Practical Deadline Checklist

Before applying to mediation, a party should determine:

• Legal basis of each claim;
• Accrual date;
• Applicable limitation period;
• Applicable forfeiture period;
• Any special procedural deadline;
• Correct opposing parties;
• Court or procedure that would follow;
• Documents proving the relevant dates;
• Time remaining;
• Whether interim protection is necessary.

During mediation, the party should record:

• Application date;
• Mediator appointment;
• First meeting;
• Additional meetings;
• Final report date;
• Claims discussed;
• Parties participating;
• Partial agreements.

After mediation, the party should immediately calculate:

• Remaining limitation period;
• Special lawsuit deadline;
• Appeal or enforcement periods continuing independently;
• Date for filing the statement of claim;
• Documents required for litigation.

The Role of the Mediator

The mediator facilitates the process and prepares the relevant reports.

The mediator may explain general procedural information, but the mediator does not act as a limitation-period lawyer for either party.

The mediator does not have a duty to calculate every claim’s limitation period for one side.

Each party should obtain independent legal advice regarding:

• Whether a claim is time-barred;
• Which period applies;
• Whether the application is sufficient;
• Whether the correct parties are named;
• How much time remains.

The mediator must remain neutral.

The Role of a Turkish Mediation Lawyer

A Turkish mediation lawyer may assist by:

• Identifying limitation and forfeiture periods;
• Determining claim-accrual dates;
• Reviewing special statutory deadlines;
• Filing the application before expiry;
• Identifying all responsible parties;
• Defining the scope of claims;
• Preserving evidence of filing;
• Calculating the remaining period after the final report;
• Filing the lawsuit on time;
• Coordinating enforcement and interim measures;
• Drafting partial settlements and reservations;
• Preparing enforceable default provisions.

Legal assistance is particularly important where the dispute involves:

• Reinstatement;
• Eviction;
• Negotiable instruments;
• Annulment of objection;
• Several companies;
• Foreign parties;
• Multiple contracts;
• Old receivables;
• Partial settlement.

Foreign Parties and Cross-Border Claims

Foreign individuals and companies may also benefit from the time-protection rules of Turkish mediation where Turkish mediation legislation applies.

Cross-border claims may raise additional questions concerning:

• Governing law;
• Foreign limitation periods;
• Turkish procedural law;
• Jurisdiction;
• Arbitration;
• International conventions;
• Place of performance;
• Location of assets.

The limitation period may be governed by foreign substantive law even though mediation occurs in Turkey.

A Turkish mediation application should not automatically be assumed to suspend a foreign-law limitation period in every jurisdiction.

Where enforcement or litigation may occur abroad, counsel in the relevant foreign jurisdiction should confirm the effect of the Turkish mediation process.

The parties may also include standstill agreements, but the validity and effect of such agreements depend on applicable law.

Frequently Asked Questions

Does mediation stop limitation periods in Turkey?

Yes. During the legally protected mediation interval, limitation is suspended and the mediation period is excluded from the calculation.

When does the suspension begin in mandatory mediation?

It generally begins on the date of application to the mediation office.

When does it end?

It generally ends on the date the final mediation report is prepared.

Does mediation create a new full limitation period?

No. It generally preserves the remaining period rather than creating a new full period.

Can mediation revive a time-barred claim?

No. A mediation application does not generally revive a period that expired before the application.

Are forfeiture periods also protected?

Yes. The statutory rule provides that forfeiture periods do not run during the protected mediation interval.

Does sending a voluntary mediation invitation stop limitation?

Not necessarily. The voluntary mediation process must legally commence. An unanswered invitation should not be relied upon as sufficient protection.

Does mediation suspend the deadline for appeal?

Generally no. Appeal periods are separate procedural deadlines.

Does mediation suspend the deadline to object to an enforcement payment order?

Not automatically. Enforcement periods must be analysed separately.

What is the reinstatement mediation deadline?

An employee must generally apply within one month of termination notification.

What is the reinstatement lawsuit deadline after mediation?

The lawsuit must generally be filed within two weeks after the final non-agreement report.

Does an application against one company protect claims against all group companies?

Not automatically. Each potentially liable legal entity should be analysed and, where appropriate, included.

Does a partial settlement affect limitation for unsettled claims?

The remaining period resumes for claims not settled after the mediation process ends. The final documents should clearly identify the unsettled claims.

Conclusion

Limitation periods and mediation under Turkish law are closely connected.

Law No. 6325 protects parties from losing time while a legally recognised mediation process is continuing. In mandatory mediation, the period from application to the mediation office until preparation of the final report is excluded from the calculation. During that interval, limitation is suspended and forfeiture periods do not run.

However, mediation does not provide unlimited deadline protection.

It does not generally:

• Revive an already expired claim;
• Create a new full limitation period;
• Protect claims against parties not properly included;
• Cure omission of a claim;
• Suspend every enforcement deadline;
• Suspend appeal periods automatically;
• Replace substantive notice requirements;
• Extend special statutory filing windows indefinitely.

The legal effect depends on:

• Nature of the period;
• Accrual date;
• Application date;
• Final report date;
• Scope of the application;
• Identity of the parties;
• Special legislation governing the claim.

Reinstatement disputes illustrate the need for precise calculation. The employee must generally apply to mediation within one month of termination notification and must file the lawsuit within two weeks after an unsuccessful mediation process.

Commercial disputes may involve additional deadlines arising from enforcement, negotiable instruments and annulment-of-objection actions. Rental disputes may involve special notice and filing periods. Consumer claims may involve warranty, withdrawal and notification periods.

Voluntary mediation also protects time once the process legally begins, but a unilateral or unanswered invitation should not be treated as guaranteed suspension.

For every dispute, the safest approach is to prepare a written deadline analysis before mediation begins.

The analysis should identify:

• Each claim;
• Each responsible party;
• Accrual date;
• Applicable limitation period;
• Applicable forfeiture period;
• Remaining time;
• Mediation commencement date;
• Final report date;
• Latest litigation date.

A Turkish mediation lawyer can coordinate mediation with litigation, enforcement and interim protection so that negotiation does not result in the accidental loss of legal rights.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Turkish limitation, forfeiture, mediation, employment, commercial, consumer, rental and enforcement rules may change. The applicable period must be calculated separately according to the claim, parties, relevant dates and legislation in force at the time of the dispute.