Mediation

Before filing a lawsuit concerning employee and employer receivables, compensation claims and reinstatement claims, it is mandatory to apply to a mediator (Labour Courts Act (İş Mahkemeleri Kanunu, Law No. 7036) art. 3 (Official text, opens in a new tab)). The same rule applies to commercial receivable and compensation claims whose subject matter is a sum of money (Turkish Commercial Code (Türk Ticaret Kanunu – TTK, Law No. 6102) art. 5/A (Official text, opens in a new tab)). Cases to be heard by the consumer courts fall within this scope, except those within the jurisdiction of the consumer arbitration committees (Consumer Protection Act (Tüketicinin Korunması Hakkında Kanun – TKHK, Law No. 6502) art. 73/A (Official text, opens in a new tab)). Disputes concerning lease relationships (except enforcement proceedings for eviction without a judgment), partition of co-owned property, condominium ownership and neighbour law are also subject to mandatory mediation (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 18/B (Official text, opens in a new tab)). A lawsuit filed without first applying to a mediator is dismissed on procedural grounds (HUAK art. 18/A (Official text, opens in a new tab)). Please refer to the official text for the current position.

In mandatory mediation, the application is made to the courthouse mediation office (adliye arabuluculuk bürosu) at the seat of the competent court (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 18/A (Official text, opens in a new tab)). In employment disputes, the office at the other party's place of residence or at the place where the work is performed is competent (Labour Courts Act (İş Mahkemeleri Kanunu, Law No. 7036) art. 3 (Official text, opens in a new tab)). The application may be made by written petition, by completing the form at the office or electronically (Regulation on the Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu Yönetmeliği) art. 23 (Official text, opens in a new tab)). The applicant provides the office with their own contact details and, if known, those of the other party. The office appoints the mediator from its list; if the parties agree on a mediator on the list, that person is appointed.

In mandatory mediation, the mediator concludes the file within three weeks of the date of appointment; in compelling circumstances, this period may be extended by a maximum of one week (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 18/A (Official text, opens in a new tab)). In commercial disputes, the period is six weeks and may be extended by a maximum of two weeks (Turkish Commercial Code (Türk Ticaret Kanunu – TTK, Law No. 6102) art. 5/A (Official text, opens in a new tab)). From the application to the office until the date on which the final minutes are drawn up, the limitation period is suspended and preclusive periods do not run. For a reinstatement claim, however, an application to a mediator must be made within one month of service of the notice of termination (Labour Act (İş Kanunu, Law No. 4857) art. 20 (Official text, opens in a new tab)). Please refer to the official text for the current position.

The parties can no longer bring a lawsuit on the matters agreed upon (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 18 (Official text, opens in a new tab)). If an annotation of enforceability is obtained from the court for the settlement agreement, the agreement acquires the status of a court judgment (ilam) and can be enforced like a court decision. An agreement signed jointly by the parties, their lawyers and the mediator has the status of a court judgment without the need for an annotation; in commercial disputes, the signatures of the lawyers and the mediator are sufficient. In lease, partition of co-owned property, condominium ownership and neighbour law disputes, however, obtaining the annotation is mandatory (HUAK art. 18/B (Official text, opens in a new tab)).

The mediator ends the process and draws up final minutes recording that no agreement was reached. The party bringing the lawsuit must attach the original of these minutes, or a copy certified by the mediator, to the statement of claim (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 18/A (Official text, opens in a new tab)). A party that fails to attend the first meeting without a valid excuse is held liable for half of the other party's litigation costs even if it prevails in the case, and only half of the attorneys' fees is awarded in its favour; this sanction is not applied against the consumer (Consumer Protection Act (Tüketicinin Korunması Hakkında Kanun – TKHK, Law No. 6502) art. 73/A (Official text, opens in a new tab)). In a reinstatement dispute, a lawsuit may be filed within two weeks of the final minutes (Labour Act (İş Kanunu, Law No. 4857) art. 20 (Official text, opens in a new tab)). Please refer to the official text for the current position.

In mandatory mediation, if an agreement is reached, the fee is paid by the parties in equal shares unless otherwise agreed (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 18/A (Official text, opens in a new tab)). If the parties cannot be reached, no meeting can be held or no agreement is reached in a meeting lasting less than two hours, the fee for two hours is covered by the budget of the Ministry of Justice; the parties pay any portion exceeding two hours in equal shares. In consumer disputes, the fee payable by the consumer is covered by the Ministry's budget, up to the amount of the two-hour fee (Consumer Protection Act (Tüketicinin Korunması Hakkında Kanun – TKHK, Law No. 6502) art. 73/A (Official text, opens in a new tab)). In voluntary mediation, the fee is determined according to the tariff unless otherwise agreed and is paid by the parties in equal shares (HUAK art. 7 (Official text, opens in a new tab)). The amounts are set out in the tariff published each year (2026 Minimum Mediation Fee Tariff (2026 Yılı Arabuluculuk Asgari Ücret Tarifesi) (Official text, opens in a new tab)). Please refer to the official text for the current position.

No. The parties may attend the meetings in person, through their legal representatives or through their lawyers (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 15 (Official text, opens in a new tab)). In employment disputes, an employee authorised by the employer in a written document may also represent the employer and sign the final minutes (Labour Courts Act (İş Mahkemeleri Kanunu, Law No. 7036) art. 3 (Official text, opens in a new tab)). A lawyer's signature can change the effect of the settlement agreement: an agreement signed jointly by the parties, their lawyers and the mediator has the status of a court judgment (ilam) without the need for an annotation of enforceability (HUAK art. 18 (Official text, opens in a new tab)).

The mediator may meet with the parties separately or jointly and may use any means of communication for this purpose (Regulation on the Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu Yönetmeliği) art. 10 (Official text, opens in a new tab)). The parties may also freely agree on the procedure for the meetings, provided that this does not conflict with mandatory rules (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 15 (Official text, opens in a new tab)). The meetings can therefore also be conducted by means of remote communication such as video calls. The manner of attending the meeting and how the minutes will be signed should be discussed with the mediator in advance.

Unless otherwise agreed, the mediator, the parties and other persons attending the meetings are obliged to keep information and documents from the process confidential (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 4 (Official text, opens in a new tab)). Offers and proposals made during the meetings, the admission of a fact and documents prepared solely for mediation cannot be relied on as evidence in subsequent litigation or arbitration (HUAK art. 5 (Official text, opens in a new tab)). These persons also cannot testify as witnesses on these matters.

No. Mediation applies to private law disputes arising from acts and transactions over which the parties can freely dispose (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 1 (Official text, opens in a new tab)). Disputes involving allegations of domestic violence are not suitable for mediation. In compensation claims arising from occupational accidents and occupational diseases, mediation is not a precondition for filing a lawsuit (Labour Courts Act (İş Mahkemeleri Kanunu, Law No. 7036) art. 3 (Official text, opens in a new tab)). Disputes concerning the transfer of immovable property or the creation of limited rights in rem over immovable property are suitable for mediation (HUAK art. 17/B (Official text, opens in a new tab)).