Mandatory Pre-Litigation Mediation in Turkey: A Guide

What Is Mandatory Mediation?

In certain disputes, applying to a mediator before filing a lawsuit is a precondition to litigation. A lawsuit filed without mediation is dismissed on procedural grounds without examination of the merits. The mediator does not decide the dispute; they help the parties communicate and find a common solution. The meetings are confidential, and if no agreement is reached, proposals made during the meetings cannot later be used as evidence in court.

Which Disputes Require Mediation?

• Employment disputes: Employee and employer receivables and compensation claims based on individual or collective employment agreements, and reinstatement claims (since 2018).
• Commercial disputes: Commercial receivables and compensation claims for the payment of a sum of money (since 2019).
• Consumer disputes: Disputes heard by consumer courts; disputes within the jurisdiction of consumer arbitration committees are outside this scope.
• Lease, co-ownership and neighbour disputes: Since 1 September 2023, disputes arising from lease relationships (except eviction through enforcement proceedings without judgment), partition of co-owned real estate, condominium ownership and neighbour rights, as well as disputes arising from agricultural production contracts.

Since the category of the dispute affects the application deadline and the duration of the meetings, it should be determined carefully before applying.

How to Apply

The application is made to the mediation office of the courthouse where the competent court for the lawsuit is located; where there is no mediation office, this function is carried out by the clerk’s office of the civil court of peace. The application is free of charge. The mediator is appointed by the office from the list of registered mediators; if the parties agree on a mediator, that person may be appointed.

Clarify your claim before applying: the amount and basis of the receivable, the start date for interest, the documents you hold and the minimum you would accept in a settlement. Mediation is a negotiation, and meetings entered without preparation usually end without result.

Time Limits

• Duration of the meetings: The mediator concludes the process within three weeks of appointment in employment disputes and within six weeks in commercial disputes. Where necessary, these periods may be extended by up to one week in employment disputes and up to two weeks in commercial disputes.
• Limitation periods: From the application to the mediator until the final report is drawn up, limitation periods are suspended and statutory time bars do not run.
• Reinstatement: For a reinstatement claim, the employee must apply to a mediator within one month of notification of termination and, if no agreement is reached, must file a lawsuit within two weeks of the final report. Missing these deadlines results in loss of the right.

The First Meeting and Negotiations

Attending the first meeting matters. A party that fails to attend the first meeting without a valid excuse is placed at a disadvantage in terms of litigation costs and attorney’s fees in any subsequent lawsuit, even if it wins. Following a Constitutional Court annulment decision in 2024, this rule was re-regulated by Law No. 7531: since 14 November 2024, a party that did not attend is held liable for half of the litigation costs even if it wins, and faces a similar sanction regarding attorney’s fees. Attend the first meeting even if you have no intention to settle.

The company is represented in the meetings by its lawyer or by a person authorised to represent it. Bring a document showing that the person attending is authorised to settle; an unauthorised representative may cause the meetings to end without result.

Settlement Agreement or Final Report

If the parties settle, a settlement agreement is drawn up. A settlement agreement signed jointly by the parties, their lawyers and the mediator has the force of a court judgment without further court approval and can be enforced directly. No lawsuit can be filed on the matters settled; the payment schedule, interest, default and mutual release should therefore be set out fully in the agreement.

If no settlement is reached, the mediator draws up a final report and the way to litigation is open. The original of the final report, or a copy certified by the mediator, is attached to the statement of claim.

If the parties do not settle, the mediator’s fee for two hours is covered by the Ministry of Justice budget. If they settle, the fee is paid equally by the parties under the Minimum Mediation Fee Tariff, unless agreed otherwise.