Mediation Before Filing a Lawsuit in Yalova: Scope and Where to Apply

In some disputes, applying to a mediator before going to court is mandatory by law. If a lawsuit is filed without it, the court dismisses the case on procedural grounds without examining the merits. This article offers a general overview for people in Yalova; it does not replace an assessment of your specific case.

1. Which disputes require mediation?

• Employment: claims and compensation of employees or employers based on law or an individual or collective employment contract, and reinstatement claims (Labour Courts Law No. 7036, Art. 3/1). Compensation claims arising from work accidents or occupational diseases are outside this scope (Art. 3/3).
• Commercial cases: receivable and compensation claims for a sum of money (Turkish Commercial Code Art. 5/A).
• Consumer disputes: disputes heard by consumer courts (Law No. 6502, Art. 73/A), subject to exceptions listed in the law, such as disputes within the jurisdiction of the consumer arbitration committee.

Whether a case falls within scope must be checked in each situation.

2. Where to apply

The application is made to the mediation bureau. In employment disputes this is the bureau at the other party's place of residence or at the place where the work was performed (Law No. 7036, Art. 3/5). The Yalova Courthouse has a mediation bureau.

3. Time limits

• The mediator concludes the application within three weeks of appointment; this may be extended by up to one week in necessary cases (Art. 3/10).
• From the application to the bureau until the final report is issued, the statute of limitations is suspended (Art. 3/17).
• For a reinstatement claim, the mediator must be approached within one month of service of the notice of termination (Labour Law No. 4857, Art. 20). Missing this period may cause loss of rights, so seek legal support without delay.

4. How the process ends

If the parties agree, the agreement document can obtain the status of a court judgment under the conditions of the law (Law No. 6325, Art. 18). If not, the mediator issues a final report, and the original or a certified copy must be attached to the statement of claim. If it is missing, the court sets a one-week final period; if not submitted, the case is dismissed on procedural grounds.

5. Not attending the first meeting

A party who fails to attend the first meeting without a valid excuse bears half of the litigation costs the other side would owe, even if later successful in whole or in part, and also bears the consequences the law provides regarding the attorney's fee. Invitations should therefore be taken seriously.

6. Contact

Our office also provides mediation services. You can reach us through the contact page or create an appointment. See also our Yalova guide.

This article is for general information only and is not legal advice.