Mediation in Turkey (mandatory and voluntary mediation)

Mediation has become a procedural prerequisite for a significant portion of civil law disputes in Turkey and constitutes a mandatory dispute resolution procedure prior to the initiation of court proceedings. In addition, there is also the option of voluntary mediation, which is based on the willingness of the parties.

Particularly in cases of rental disputes, dissolution of joint ownership (İzale-i Şuyu), condominium ownership, neighborhood law, commercial, labor, and consumer disputes, the mediation process is a crucial phase that directly influences the outcome of the proceedings.

Disputes subject to mandatory mediation (prerequisite for litigation)

According to Law No. 6325 on Mediation in Civil Disputes:

• Disputes arising from tenancy agreements
• (with the exception of eviction by enforcement without a judgment in accordance with Law No. 2004)
• Disputes concerning the division of movable and immovable property and the dissolution of joint ownership (İzale-i Şuyu)
• Disputes arising from the Condominium Law No. 634
• Disputes arising from neighbor rights

📌 Important:

In cases of dissolution of joint ownership (İzale-i Şuyu), mediation is a mandatory prerequisite for lawsuits filed after September 1, 2023. It is not possible to file a lawsuit without prior mediation.

According to Art. 5/A of the Turkish Commercial Code No. 6102:

• Money-related commercial disputes:
  • Claims
  • Damages
  • Dissolution of the opposition
  • Negative declaratory actions
  • Recovery actions

According to the Labor Court Law No. 7036:

• Actions for reinstatement
• Claims arising from the law or individual/collective employment contracts:
  • Employee and employer claims
  • Employee and employer compensation

❗ Exception:

Claims for damages arising from occupational accidents and occupational diseases are not subject to mandatory mediation.

According to Consumer Protection Law No. 6502:

Disputes before consumer courts are generally subject to mandatory mediation.

Exceptions:

• Disputes within the jurisdiction of consumer arbitration boards
• Appeals against decisions of arbitration boards
• Actions brought by the Ministry and consumer organizations concerning
  • Unfair business practices
  • Protection of collective consumer interests
• Actions concerning the recall, sales ban, or destruction of defective serial products
• Consumer disputes concerning rights in rem to real estate

Mandatory and Voluntary Mediation

Mandatory mediation

In certain disputes, it is mandatory to go to a mediator before filing a lawsuit. Lawsuits filed without mediation will be dismissed on formal grounds.

Voluntary mediation

The parties may voluntarily engage in mediation before or during court proceedings in order to reach an amicable solution. This is possible in all private law disputes over which the parties have free disposal.

Application for mediation and procedure in practice

The application is made by completing the application forms at the relevant mediation offices. The parties’ identity and contact details are forwarded to the appointed mediator.

Appointment of the mediator

• Joint selection by the parties is possible
• Otherwise, random assignment by the mediation office
• In practice, specialized mediators are preferred

Invitation and meetings (practice)

After the mediator has been appointed, the parties receive an invitation to the first meeting. In practice, this is done by:

• Post
• Email
• WhatsApp or similar platforms

If no mutual date can be found, the mediator determines the place and time of the meeting.

If the community is dissolved, a mediation agreement is concluded before the start of the discussions, which regulates fees and payment terms.

Deadlines, limitation periods, and legal effects

• Duration of mandatory mediation: maximum 3 weeks
• Extension by 1 week possible
• During mediation, limitation periods and exclusion periods are suspended
• These begin to run again with the final protocol

Agreement, final protocol, and litigation phase

If an agreement is reached, a final protocol is drawn up which:

• Has the effect of a judgment
• Can be declared enforceable
• Precludes further litigation

If no agreement is reached:

• Legal action is taken with the final protocol attached
• If the protocol is missing, a grace period is set, otherwise the lawsuit is dismissed

Partition Auction and Mandatory Mediation

The partition auction concerns movable or immovable property in co-ownership or joint ownership and is particularly relevant in the case of inherited real estate in Turkey.

Since September 1, 2023, mediation has been mandatory in Turkey.

Key topics of negotiation

• Is real division possible?
• Type of sale
• Takeover of shares
• Compensation for use (Ecrimisil)
• Distribution of costs and proceeds

Agreements are final. Legal assistance is therefore essential.

Why is legal support important?

Since agreements reached cannot be reversed, professional support is essential to avoid legal losses.

📩 Please contact us for mediation requests, mandatory mediation, and strategic advice before filing a lawsuit.