Mediation System in Turkey: Mandatory vs Voluntary Explained

In the last decade, Turkey has revolutionized its justice system by putting Mediation (Arabuluculuk) at the center. It is no longer just a “nice alternative”; for many cases, it is the only way to start.

1. When is Mediation Mandatory?

You CANNOT skip mediation for the following types of cases:

1. Labor Disputes: Severance pay, overtime, re-employment claims.
2. Commercial Disputes: Monetary claims between two companies (Receivables).
3. Consumer Disputes: Credit card issues, defective goods (above a certain value).
4. Rent & Tenancy: (New! Added Sept 2023) Eviction, rent increase, neighbor disputes.

If your case falls into these categories, you must first apply to the Mediation Bureau.

2. The Process

1. Application: We apply to the Bureau in the courthouse.
2. Appointment: A neutral mediator is appointed by the system within 24 hours.
3. The Meeting: The mediator contacts both parties and invites them to a teleconference or in-person meeting.
4. Outcome:
   • Agreement: A “Final Report” is signed. This document has the power of a Court Verdict. You can execute it immediately via the Bailiff’s Office.
   • No Agreement: A “Disagreement Report” is signed. Only then can you file your lawsuit, attaching this report to your petition.

⚖️ Legal Reference: Law No. 6325 “The parties are free to determine the process… however, applying to a mediator is a cause of action in specified cases.”

3. Why Mediate?

• Speed: A commercial lawsuit takes 3 years. Mediation takes 4 weeks.
• Cost: No expensive court fees or expert witness costs.
• Confidentiality: Court cases are public; mediation is strictly confidential.

Conclusion

Understanding the mediation prerequisite is vital for doing business in Turkey. It is not a hurdle, but an opportunity to resolve disputes fast.