Mediation

The Law on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu) No. 6325 defines mediation as "a method of dispute resolution conducted voluntarily with the participation of an impartial and independent third party who has received specialist training, who brings the parties together to hold discussions and negotiations by applying systematic methods, and who establishes a communication process between them to enable them to understand one another and thereby develop their own solutions." In mediation, disputes are resolved on an interest-based basis.

Under Article 3/1 of the Labour Courts Law (İş Mahkemeleri Kanunu) No. 7036, applying to a mediator is a prerequisite for bringing proceedings concerning employee or employer receivables and compensation based on individual or collective employment agreements, and claims for reinstatement. Similarly, pursuant to Article 5/A, added to the Turkish Commercial Code (Türk Ticaret Kanunu) No. 6102 by Law No. 7155, applying to a mediator before filing a lawsuit is a prerequisite for commercial proceedings concerning claims for receivables and compensation involving the payment of a sum of money.

Our mediator, registered with the Ministry of Justice Department of Mediation, provides both mandatory pre-litigation mediation and voluntary mediation services.

The principal disputes for which mediation services are provided are:

1. Employee–employer disputes
2. Pecuniary and non-pecuniary damages
3. Debtor–creditor relationships
4. Matrimonial property regimes
5. Rent receivables
6. Maintenance
7. Compensation for loss
8. Disputes arising from condominium ownership
9. Commercial disputes
10. Disputes arising from sports law

Scope of mandatory mediation

The main disputes for which applying to a mediator before filing suit is mandatory are:

• Employee or employer receivables and compensation and reinstatement claims (Labour Courts Law No. 7036)
• Commercial actions concerning a sum of money: receivables, compensation, annulment of objection, negative declaratory and restitution actions (Turkish Commercial Code Art. 5/A)
• Consumer disputes falling outside the jurisdiction of consumer arbitration committees
• Under Article 18/B of Law No. 6325, added by Law No. 7445: disputes arising from lease relationships (excluding eviction through enforcement without judgment), partition of movable and immovable property and termination of co-ownership, disputes under the Condominium Law and disputes arising from neighbour law

Legal effect of the settlement agreement

A settlement agreement signed by the parties, their attorneys and the mediator, or in commercial disputes by the attorneys and the mediator, has the force of a court judgment, except where the law requires an enforceability annotation. No lawsuit may be filed by the parties on matters agreed at the end of mediation (Law No. 6325 Art. 18). The scope and content of the agreement should therefore be assessed carefully before signing.

Advantages of mediation

• Confidentiality: statements made and documents submitted during the meetings cannot, as a rule, be used as evidence in subsequent litigation.
• Speed and cost: the dispute can be resolved much faster than through litigation.
• Party autonomy: the solution is produced by the parties themselves, not by a judge, which helps preserve commercial and personal relationships.

The information on this page is provided for general information purposes only and does not constitute legal advice.