Mediation in the Turkish Legal System
Mediation Practice
Mediation in Turkish law is not merely an alternative to litigation — it has evolved into a human-centered dispute resolution paradigm that strengthens social peace and reduces the burden on an overstretched judiciary. Since the introduction of mandatory mediation requirements, it has become one of the most important procedural stages in Turkish dispute resolution.
Legal Framework
Mediation in Turkey is governed by the Law on Mediation in Civil Disputes (No. 6325) and the Law on Labor Courts (No. 7036). The Turkish Mediation Confederation and the Ministry of Justice's Mediation Department maintain registries of certified mediators.
Mandatory Commercial Mediation
Since 2019, mandatory mediation is a prerequisite for filing most commercial lawsuits (with a value exceeding TRY 1,000). Parties must attempt mediation before filing their case with a commercial court. If mediation fails, the mediator issues a Final Record (Son Tutanak) which enables the party to proceed to court. Failure to attempt mediation results in the lawsuit being dismissed on procedural grounds.
Mandatory Labor Mediation
Since 2018, employment disputes — including wrongful termination, unpaid wages, overtime, workplace injury and reimbursement claims — require mandatory mediation before filing with a labor court. The mediation session must be completed within 3 weeks (extendable to 5 weeks with party consent).
Voluntary Mediation
Beyond mandatory cases, parties may choose voluntary mediation for family disputes, commercial conflicts, neighborhood disputes, insurance claims and any other civil matter. Voluntary mediation agreements, once signed before a mediator, carry the same enforceability as court settlement (sulh).
The Mediation Process
1. Application to a mediator from the ministry registry
2. Appointment of a mediator (agreed by parties or appointed by court if no agreement)
3. Initial session within 15 days of application
4. Negotiation sessions (mediator facilitates, does not impose a solution)
5. Agreement or Final Record (parties proceed to court if no agreement)
6. Court approval (for settlement agreements to be enforceable)
Advantages of Mediation
Confidentiality of proceedings, preservation of business relationships, cost efficiency compared to full litigation, speed (most mediations conclude in 1–3 sessions), and party autonomy in designing solutions that courts cannot impose.