Mandatory Mediation

Also known as: Mediation as a Precondition to Litigation, Pre-litigation Mediation, Commercial Mediation, Mediator, Dava Şartı Arabuluculuk

Author Ali Gül

In short

The requirement in certain disputes to apply to a mediator before filing a case; a case filed without doing so is dismissed on procedural grounds.

Mandatory mediation is the requirement in disputes listed by law to apply to a mediator before filing a case. A case filed without mediation is dismissed on procedural grounds for lack of a precondition. It is governed by Art. 18/A of the Law on Mediation in Civil Disputes and the relevant special laws.

Which Disputes?

Commercial disputes: Commercial cases for the payment of a sum of money or compensation; actions for annulment of objection and negative declaratory actions are also covered.
Employment disputes: Employee or employer claims and compensation and reinstatement cases.
Consumer disputes: Consumer disputes outside the jurisdiction of consumer arbitration committees.
Since 1 September 2023: Disputes arising from leases, partition of movables and real estate, condominium and neighbour law.

Process

The application is made to the mediation office at the courthouse, which appoints a mediator.
The mediator invites the parties to meetings. In commercial disputes, the mediator generally concludes the process within six weeks of appointment; this may be extended by two weeks where necessary.
A final report of agreement or non-agreement is drawn up. The case is filed with the original or a mediator-certified copy of the final report attached to the statement of claim.

On application to mediation, limitation is suspended and forfeiture periods do not run.

Consequence of Not Attending

A party who fails to attend the first meeting without a valid excuse is held liable for half of the litigation costs even if it wins in whole or in part, and no attorney fee is awarded in its favour. This rule was introduced by Law No. 7531 after the Constitutional Court annulled the word “all” in 2024. See Litigation Costs.

Settlement Agreement

A settlement agreement signed by the parties, their lawyers and the mediator is treated as a judgment-equivalent document without an enforceability annotation. For the detailed process, time limits and preparation, see our guide Mandatory Mediation in Turkey.

Frequently Asked Questions

In which cases is mediation mandatory before filing?

The main disputes subject to mandatory mediation are commercial cases for monetary claims and compensation, employer-employee claims and reinstatement cases, consumer disputes above a certain amount and, since 1 September 2023, lease, condominium, neighbour law and partition disputes.

What happens if agreement is reached in mediation?

A settlement agreement is drawn up. If signed by the parties, their lawyers and the mediator, it is treated as a judgment-equivalent document without the need for an enforceability annotation, and no case may be filed on the same dispute.

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