Mediation Lawyer in Istanbul, Turkey

What Is Mediation Under Turkish Law?

Mediation is a structured dispute-resolution process in which an independent and impartial mediator helps the parties communicate, negotiate and explore a settlement.

​

The mediator is not a judge. The mediator does not normally decide who has won the dispute. Instead, the parties remain responsible for deciding whether they want to settle and, if so, what the settlement should contain.

 

The principal legislation is Law No. 6325 on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu). The official text and information concerning Law No. 6325 are available through the Turkish Ministry of Justice's Mediation Department.

 

The law applies to private-law disputes, including disputes containing a foreign element, where the parties are legally able to dispose of the rights concerned. The legislation expressly excludes disputes involving allegations of domestic violence from mediation. (Turkish Ministry of Justice – Mediation Law)

 

In practical terms, mediation gives the parties an opportunity to ask:

 

Can we find a legally sound solution that is better for both sides than continuing the dispute?

​

 

Sometimes the answer is yes. Sometimes it is not. Good legal advice should help establish which situation applies.

​

Mediation Law in Turkey: Voluntary and Mandatory Mediation

There are two important concepts in Turkish mediation practice.

​

Voluntary Mediation

In voluntary mediation, the parties choose mediation because they believe negotiation may resolve their dispute more efficiently or constructively than litigation.

​

This may be particularly useful where the parties:

​

• Want to preserve an ongoing business relationship;

• Need a confidential forum;

• Want to avoid unnecessary litigation;

• Have several connected issues to resolve;

• Prefer a commercial solution rather than a simple court judgment;

• Want greater control over the outcome.

​

Mandatory Mediation as a Condition of Litigation

In certain disputes, Turkish legislation requires a party to apply to mediation before filing a lawsuit.

​

This requirement is known as dava şartı arabuluculuk.

 

Where mandatory mediation applies, mediation is not merely an optional step. It becomes a procedural requirement for bringing the relevant court action.

​

The Turkish Ministry of Justice's official mediation information identifies a number of areas in which mediation has been made a condition of litigation, including specified employment, commercial, consumer, agricultural production, rental, condominium, co-ownership and neighborhood disputes.

​​

If a party files a lawsuit without satisfying an applicable mandatory mediation requirement, the action may face dismissal because the statutory condition of litigation has not been fulfilled.

 

That is why it is sensible to determine the procedural route before filing a lawsuit.

​

Which Disputes Require Mandatory Mediation in Turkey?

The scope of mandatory mediation has expanded considerably over recent years.

​

The exact legal position depends on the type of dispute and the legislation applicable to the particular claim. Important categories include employment, commercial and consumer disputes, together with several categories added or expanded through later legislation.

​​

Employment Disputes

Certain employment disputes must go through mediation before an action can be filed before the labour courts.

​

These can include disputes concerning matters such as:

​

• Severance compensation;

• Notice compensation;

• Unpaid wages;

• Overtime;

• Annual leave;

• Certain employment receivables;

• Certain compensation claims;

• Other monetary employment claims within the statutory framework.

 

The Labour Courts Law and related legislation should be examined in light of the actual claim rather than relying on a general assumption that every employment dispute follows the same procedure.

 

For employers and employees in Istanbul, early legal advice can clarify whether mediation is mandatory and what should be prepared before the mediation meeting.

​​

Commercial Mediation

Commercial disputes are another major area of Turkish mediation practice.

​

Certain commercial disputes involving monetary claims are subject to mandatory mediation before litigation. The relevant framework is primarily found in the Turkish Commercial Code together with Law No. 6325 and subsequent amendments.

 

Commercial mediation can arise in disputes involving:

​​

• Commercial receivables;

• Contract payments;

• Supply agreements;

• Distribution arrangements;

• Service agreements;

• Construction contracts;

• Shareholder disputes;

• Compensation claims;

• Objection and debt-related disputes;

• Business-to-business contractual disagreements.

 

The important point is that the word "commercial" by itself does not answer the procedural question. The legal nature of the claim, the parties and the relief sought must be considered.

​

Consumer Disputes

Turkish consumer law also provides for mandatory mediation in specified disputes before proceedings in the consumer courts.

​

The Ministry of Trade's Consumer Protection Directorate provides official information concerning consumer protection and the relevant dispute-resolution mechanisms.

 

The Consumer Protection Law No. 6502 must be considered together with the applicable procedural provisions.

 

There are also statutory exceptions, including matters falling within the jurisdiction of consumer arbitration committees. Consequently, a consumer dispute should be assessed individually rather than automatically classified as requiring or not requiring mediation.

​

Rental Disputes and Mediation in Turkey

Rental disputes have become particularly important in Turkish mediation practice.

Since 1 September 2023, specified disputes arising from rental relationships have been subject to mandatory mediation before litigation, with statutory exceptions.

 

Article 18/B of Law No. 6325 covers rental disputes while expressly excluding certain eviction procedures conducted through non-judicial enforcement mechanisms. The relevant amendment was introduced by Law No. 7445 published in the Official Gazette.

​

Rental mediation may concern disputes involving:

​

• Rent payments;

• Lease obligations;

• Evacuation-related disputes;

• Rent adjustment;

• Deposits;

• Damage to leased property;

• Termination of a lease;

• Other disputes arising from a rental relationship.

 

The distinction between different types of eviction and enforcement procedures is important. A landlord or tenant should therefore obtain advice on the specific intended proceeding rather than assuming that every rental matter is governed by exactly the same mediation requirement.

​

Property, Condominium and Neighborhood Disputes

Article 18/B also introduced mandatory mediation for certain disputes concerning:

​​

• Division of movable and immovable property;

• Dissolution of co-ownership;

• Condominium ownership;

• Neighborhood rights.

​

The Official Gazette text of Law No. 7445 sets out these categories.

This can be particularly relevant in Istanbul, where disputes may involve apartment owners, landlords, tenants, investors, developers, property managers and multiple co-owners.

 

A property mediation agreement should be drafted with care. A settlement that concerns the transfer of real property or establishment of rights over real property may also need to comply with requirements arising from other legislation.

​

The Turkish Ministry of Justice has specifically published guidance concerning mediation agreements involving the transfer of agricultural land and has reminded practitioners that statutory restrictions governing such property must be respected. (Ministry of Justice guidance)

 

This illustrates an important principle: a mediation agreement cannot simply ignore mandatory rules governing the underlying legal transaction.

​

What Does a Mediation Lawyer in Istanbul Do?

A mediation lawyer does much more than attend a meeting.

​

The most valuable legal work often takes place before the mediation begins.

​

Reviewing the Legal Position

The first step is to understand:

​

• What happened;

• Which law applies;

• What claims may exist;

• What defences may be available;

• Whether mediation is mandatory;

• Whether an exception applies;

• What court or authority would otherwise have jurisdiction;

• Whether any limitation or procedural deadline matters.

​

Preparing the Client

Clients often enter mediation with strong emotions, commercial concerns or uncertainty about what they should accept.

​

A lawyer can help separate:

 

What the client wants from what the client can realistically obtain.

That distinction is important.

​

Developing a Negotiation Strategy

Before the meeting, it may be useful to establish:

​

• The preferred outcome;

• The realistic settlement range;

• Issues that are negotiable;

• Issues that are not negotiable;

• Possible non-monetary solutions;

• The consequences of failing to settle.

​

Reviewing Evidence

Depending on the dispute, preparation may involve:

​

• Contracts;

• Lease agreements;

• Invoices;

• Bank records;

• Employment records;

• Emails;

• WhatsApp or other communications;

• Property records;

• Corporate documents;

• Expert reports;

• Photographs;

• Payment records.

 

The purpose is not necessarily to reproduce a court case inside mediation. Rather, the evidence helps determine how strong the client's position actually is.

​

Negotiating the Settlement

A lawyer can negotiate with the opposing party or opposing counsel while the mediator facilitates communication.

​

The objective should not be to make unnecessary concessions simply to obtain a quick settlement.

 

A good settlement should make sense legally, financially and practically.

​

How Does Mediation Work in Turkey?

The process varies depending on whether the mediation is voluntary or mandatory, but it generally follows a recognisable structure.

​

1. Assess the Dispute

The parties or their lawyers first determine whether mediation is appropriate and whether it is legally required.

​

2. Apply to the Mediation Office

Where mandatory mediation applies, the relevant application is made through the Turkish mediation system.

​

The Ministry of Justice Mediation Department provides official information concerning mediation offices, mediators, procedures and the mediation system.

​

3. Mediator Appointment

A mediator registered with the relevant official system is appointed in accordance with the applicable rules.

​

4. Initial Contact and Meeting

The mediator contacts the parties and explains the process.

​

The parties may participate personally and, where appropriate, with their lawyers or authorised representatives.

​

5. Discussion and Negotiation

The mediator facilitates communication and helps identify areas where an agreement may be possible.

​

There may be joint meetings as well as separate discussions with the parties.

​

6. Settlement or No Settlement

The process may conclude with:

​

• Full settlement;

• Partial settlement; or

• No settlement.

​

If the parties do not reach an agreement, the relevant final mediation documentation is prepared in accordance with the applicable rules.

​

Is Mediation Confidential in Turkey?

Confidentiality is one of the major practical advantages of mediation.

​

Many disputes contain information that parties would rather not discuss publicly, particularly:

​

• Commercial strategies;

• Financial information;

• Trade secrets;

• Employment issues;

• Corporate disagreements;

• Sensitive contractual information;

• Reputation-related concerns.

 

Turkish mediation legislation contains confidentiality rules governing the mediation process.

 

However, confidentiality should not be understood too broadly. The legal status of particular documents, evidence and information can depend on how and when they were created and how they are used.

 

A lawyer can advise a client about what information should be disclosed, what should be reserved and how settlement communications should be handled.

​

What Happens When Mediation Ends in Settlement?

A settlement is not simply an informal promise between two people.

​

The wording of the mediation agreement matters.

​

Article 18 of Law No. 6325 contains provisions concerning mediation settlement documents and their enforceability. The official Turkish mediation legislation should be consulted for the applicable statutory requirements.

 

A settlement agreement may address matters such as:

​

• The amount to be paid;

• Payment dates;

• Instalments;

• Currency;

• Bank details;

• Delivery of property;

• Performance obligations;

• Termination of a contract;

• Withdrawal of claims;

• Release of liabilities;

• Confidentiality;

• Future obligations;

• Consequences of default.

 

The more complicated the dispute, the more important precise drafting becomes.

​

Enforceability of Mediation Agreements

One of the most important questions is not simply:

​

"Did we settle?"

 

It is:

​​

"Can the settlement be enforced in the way we expect?"

 

Turkish law contains rules concerning an enforceability annotation (icra edilebilirlik şerhi) and the circumstances in which a mediation settlement can have the force or effect provided by law.

 

The statutory framework should be reviewed carefully because the requirements can differ according to the type of dispute.

 

For certain disputes, obtaining an enforceability annotation is particularly important. Article 18/B, for example, contains specific provisions concerning the enforceability annotation for specified rental, property, condominium and neighborhood disputes. (Official Gazette – Law No. 7445)

 

For this reason, settlement drafting and enforcement planning should be considered together.

​

Can Foreigners Use Mediation in Turkey?

Yes.

Turkish mediation law expressly covers private-law disputes containing a foreign element where the statutory requirements are satisfied.

​

This makes mediation particularly relevant to Istanbul's international business community.

 

A dispute may involve:

​​

• A Turkish company and foreign company;

• Foreign shareholders;

• International investors;

• A Turkish subsidiary;

• Cross-border contracts;

• International distribution;

• Joint ventures;

• Construction projects;

• Real estate investments;

• International supply relationships.

 

The Turkish Ministry of Justice's mediation legislation expressly recognises disputes containing a foreign element within the scope of the law, subject to its requirements.

​

International Mediation and Cross-Border Settlements

International mediation introduces additional questions.

​

For example:

​

• Which law governs the underlying contract?

• Where can a settlement be enforced?

• Which country has jurisdiction?

• Does the representative have authority to settle?

• Should the settlement be bilingual?

• Is an interpreter required?

• Which currency should be used?

• Does the settlement require an enforceability procedure?

• Could an international convention assist with enforcement?

 

The Singapore Convention on Mediation is particularly relevant to international commercial settlements.

​

The United Nations Commission on International Trade Law (UNCITRAL) provides international resources concerning mediation and alternative dispute resolution.

​

The UNCITRAL Singapore Convention on Mediation establishes an international framework concerning qualifying settlement agreements resulting from mediation.

For an international client, therefore, the mediation itself may be only one part of the legal analysis. The enforceability of the eventual settlement should be considered from the beginning.

​

Mediation and Arbitration Are Not the Same

The terms are sometimes used together, but mediation and arbitration are fundamentally different.

​

In mediation, the mediator facilitates negotiations and the parties decide whether to settle.

 

In arbitration, an arbitrator determines the dispute and issues an arbitral award in accordance with the applicable arbitration agreement and procedural framework.

 

For businesses involved in international transactions, it can be useful to consider mediation and arbitration clauses together.

 

The UNCITRAL Model Law and the UNCITRAL mediation resources provide useful international reference material.

​

Why Should You Speak to a Lawyer Before Mediation?

A mediation meeting can look simple from the outside.

​

The legal consequences may not be simple at all.

 

Before mediation, a lawyer can help answer five practical questions:

​

What Are My Rights?

You should understand your legal position before negotiating away any rights.

​

How Strong Is My Case?

A realistic assessment of evidence, law and procedural risks can make negotiations more rational.

​

What Is My Alternative to Settlement?

A settlement should be evaluated against the likely consequences of litigation or another dispute-resolution procedure.

​

What Can I Agree To?

Individuals, companies and authorised representatives may have different limits on their authority.

​

Can the Settlement Actually Be Enforced?

The final wording should be considered with enforcement in mind.

​

This preparation often makes mediation much more productive.

​

Common Mediation Mistakes

​

Treating Mandatory Mediation as a Formality

A mandatory mediation application is not merely paperwork that can be ignored until the last minute.

​

Filing a Lawsuit Without Checking the Mediation Requirement

Where mediation is a condition of litigation, failure to comply may create a serious procedural problem.

​

Negotiating Without Legal Preparation

It is difficult to negotiate effectively when you do not know the value or strength of your own position.

​​

Agreeing to Vague Terms

Words such as "payment will be made later" or "the parties will resolve the remaining matters" may be inadequate for a complex dispute.

​

Forgetting Enforcement

A settlement is only useful if its obligations can be implemented and, where necessary, enforced.

​

Focusing Only on Money

A commercial settlement can also involve future cooperation, termination of a contract, delivery of goods, confidentiality, transfer of property or other practical commitments.

​

Assuming Every Rental Dispute Is Identical

The mandatory mediation framework contains exceptions and procedural distinctions, particularly concerning certain enforcement-based eviction procedures.

​

Ignoring Foreign-Law Issues

A cross-border settlement may need to work in more than one legal system.

​

Mediation for Businesses in Istanbul

For companies, mediation can be particularly valuable because a dispute may threaten more than the immediate claim.

​

A disagreement with a supplier, distributor, shareholder, employee or commercial partner can affect:

​​

• Cash flow;

• Business continuity;

• Customer relationships;

• Confidential information;

• Future contracts;

• Corporate reputation;

• Investment plans.

 

A carefully negotiated settlement can sometimes resolve the immediate disagreement while allowing the business relationship to continue.

 

This is one reason mediation should be approached as a business decision as well as a legal procedure.

​

Mediation for Landlords and Tenants

Istanbul's rental market creates a large number of landlord-tenant disagreements.

​

Before entering mediation, a landlord or tenant should understand:

​

• The lease terms;

• Statutory rights;

• Payment history;

• Notices exchanged;

• Applicable rent rules;

• The intended court or enforcement procedure;

• Whether mandatory mediation applies;

• What happens if settlement fails.

 

The Turkish Code of Obligations and relevant tenancy legislation should be considered alongside the mediation rules.

​

A settlement should also make clear exactly what happens after signing it.

​

Mediation for International Investors

Foreign investors often prefer mediation because it provides an opportunity to resolve a dispute without immediately committing to a long and costly court process.

​

However, an international investor should not assume that a settlement reached in Istanbul will automatically be enforceable everywhere.

 

Before signing, counsel should consider:

​

• The governing law;

• Jurisdiction;

• Corporate authority;

• Language;

• Currency;

• Enforcement;

• Applicable international conventions;

• Turkish mandatory rules.

 

This is particularly important in transactions involving real estate, construction, corporate investments and cross-border commercial agreements.

​

Mediation Costs in Turkey

Mediation fees are governed by the applicable Turkish rules and, where relevant, the official minimum fee tariff.

​

The Turkish Ministry of Justice published the 2026 Mediation Minimum Fee Tariff in the Official Gazette on 26 December 2025. The 2026 official mediation fee tariff should be consulted for current tariff information. (Ministry of Justice announcement)

 

The mediator's fee and the lawyer's professional fee are separate matters.

 

Legal fees depend on factors such as:

​

• Complexity;

• Number of parties;

• Amount in dispute;

• Number of documents;

• Number of meetings;

• Need for negotiations;

• International elements;

• Drafting and reviewing the final settlement.

​​

How Long Does Mediation Take?

There is no universal answer.

​

A straightforward dispute involving two parties and a clear payment issue may be handled relatively efficiently.

 

A complex commercial dispute involving several companies, contracts, foreign parties and substantial documentation may require considerably more preparation.

 

The goal should not simply be to finish the mediation as quickly as possible.

 

The better goal is to reach a properly considered and enforceable resolution, where settlement is genuinely in the client's interests.

​

What If Mediation Fails?

Failure to settle does not necessarily mean that the mediation was pointless.

​

It may clarify:

​

• The opposing party's position;

• The issues genuinely in dispute;

• The strength of the evidence;

• The other side's settlement expectations;

• Which matters may still be negotiated;

• What should be addressed in litigation.

 

Where mandatory mediation applies, the required final documentation should be obtained before proceeding with the relevant lawsuit.

 

The litigation strategy can then be developed with a clearer understanding of the dispute.

​

Can Mediation and Litigation Be Prepared Together?

Yes, and in many cases this is sensible.

​​

A lawyer can prepare for mediation while also assessing the litigation position.

 

This does not mean entering mediation without a genuine willingness to negotiate.

Rather, it means understanding the alternative.

 

If the client knows what may happen if no settlement is reached, negotiations can be more informed and less emotional.

​

Our Mediation Law Practice in Istanbul

Kurucuk & Associates provides legal assistance in mediation and related dispute-resolution matters for individuals, companies, entrepreneurs, investors and international clients.

​

Our work may include:

​

• Assessing whether mediation is mandatory;

• Reviewing the underlying dispute;

• Analysing contractual and statutory rights;

• Preparing clients for mediation;

• Reviewing documents and evidence;

• Developing negotiation strategies;

• Participating in mediation meetings;

• Negotiating with opposing counsel;

• Reviewing proposed settlement terms;

• Drafting or revising settlement agreements;

• Advising on enforceability;

• Considering cross-border enforcement;

• Preparing for litigation if mediation does not resolve the dispute.

 

Depending on the subject matter, mediation may overlap with our litigation and dispute resolution services, commercial law practice, contract law services, employment law practice, real estate law services, real estate rental law practice, construction law services, consumer law practice, family law services, international commercial law practice and arbitration law services.

​

For international matters, our international transactions and disputes practice can also be relevant where a dispute involves parties, contracts or assets in more than one jurisdiction.

​

Frequently Asked Questions About Turkish Mediation Law

​

Is mediation mandatory in Turkey?

No. Mediation is not mandatory for every dispute. However, Turkish law makes mediation a condition of litigation for specified categories of disputes. These include certain employment, commercial and consumer disputes and, since 1 September 2023, specified rental, co-ownership, condominium and neighborhood disputes. (Turkish Ministry of Justice)

​

What is mandatory mediation in Turkey?

Mandatory mediation, or dava şartı arabuluculuk, means that the party generally must apply to mediation before bringing the relevant lawsuit when the law makes mediation a condition of litigation.

​

What happens if I skip mandatory mediation?

If mandatory mediation applies and the required mediation process has not been completed, the lawsuit may be dismissed because the condition of litigation has not been satisfied.

​

Are rental disputes subject to mandatory mediation?

Many rental disputes are subject to mandatory mediation under Article 18/B of Law No. 6325. However, statutory exceptions apply, including certain eviction procedures through non-judicial enforcement. The exact nature of the intended proceeding should therefore be checked before filing. (Official Gazette – Law No. 7445)

​

Are commercial disputes subject to mandatory mediation?

Certain commercial disputes, particularly specified monetary claims, require mediation before litigation. The exact scope depends on the parties, nature of the dispute and legal claim.

​

Can foreigners participate in Turkish mediation?

Yes. Turkish mediation law can apply to private-law disputes containing a foreign element. Cross-border cases require additional consideration of governing law, authority, language and enforcement.

​

Can a lawyer attend a mediation meeting?

Yes. A lawyer can advise and, where appropriate, represent a party during mediation. For significant disputes, obtaining legal advice before the meeting can help the client understand the legal and financial consequences of settlement proposals.

​

Is a mediation settlement binding?

A properly concluded mediation settlement can have important binding and enforcement consequences. The precise legal effect depends on the agreement, the applicable statutory provisions and whether any additional enforceability procedure is required.

​

Can a mediation agreement be enforced?

Potentially, yes. Turkish law provides mechanisms concerning enforceability, including an enforceability annotation in appropriate circumstances. The exact procedure depends on the nature of the dispute and settlement.

​

Is mediation confidential?

Confidentiality is an important feature of Turkish mediation. Nevertheless, parties should obtain legal advice before disclosing particularly sensitive documents or information because the legal treatment of information can depend on the circumstances.

​

Can mediation resolve an international commercial dispute?

Yes. International commercial disputes can be mediated, and qualifying international settlement agreements may benefit from international enforcement mechanisms such as the Singapore Convention, subject to its scope and requirements. (UNCITRAL)

​

What happens when mediation does not result in settlement?

Where mandatory mediation applies, the relevant final mediation document is prepared. The party can then consider the next legal step, including litigation, subject to the applicable procedural requirements.

​

Should I speak to a Turkish mediation lawyer before applying?

For a significant dispute, early legal advice can help establish whether mediation is mandatory, assess the strength of the claim or defense, identify settlement risks and ensure that any proposed agreement is drafted with enforcement in mind.

​

Turkish Mediation Law: A Practical Approach

Mediation in Türkiye has developed into an important part of the country's dispute-resolution system.

​

For some disputes, it is an optional opportunity to negotiate.

 

For others, it is a mandatory procedural step before litigation.

 

The distinction matters.

 

So does the preparation.

 

Before entering mediation, a party should understand the legal position, the available evidence, the realistic alternatives, the consequences of failing to settle and the enforceability of any agreement that may ultimately be signed.

 

For businesses, mediation may protect an ongoing commercial relationship. For landlords and tenants, it may provide a practical way to address a difficult disagreement. For employers and employees, it can offer an alternative to prolonged proceedings. For international clients, it may provide a structured opportunity to resolve a dispute while considering cross-border enforcement from the outset.

​

At Kurucuk & Associates, we approach mediation as part of the wider dispute-resolution strategy rather than as an isolated procedural formality. Our Istanbul lawyers assist clients in evaluating their options, preparing for negotiations, protecting their legal position and, where appropriate, converting a negotiated solution into a carefully structured settlement.

 

Turkish mediation legislation can change, and the applicability of mandatory mediation depends on the facts and legal basis of each dispute. The current legislation, procedural requirements and applicable deadlines should therefore be checked before relying on any general statement about whether mediation is required.