Mediation in Turkey: A Practical Guide Before You Take a Dispute to Court

When a dispute arises in Turkey, going straight to court is not always the first—or even the best—step.

Sometimes the law requires the parties to try mediation first. In other situations, mediation is entirely voluntary but can still provide a sensible way of resolving a disagreement without turning it into a long, expensive and exhausting court battle.

For businesses, landlords, tenants, employers, employees, investors and individuals, the important thing is to understand how Turkish mediation works before making a decision about litigation.

Türkiye has developed a structured mediation system under Law No. 6325 on Mediation in Civil Disputes. The Turkish Ministry of Justice Mediation Department also provides official information about mediators, mediation procedures, legislation and the administration of the system.

This article looks at mediation from a practical perspective: when it may be required, what happens during the process, what a lawyer actually does, how settlements are enforced, and what parties should think about before sitting around the mediation table.

What Exactly Is Mediation in Turkey?

Mediation is a structured way of negotiating a dispute with the assistance of a neutral third person—the mediator.

The mediator does not act like a judge. There is normally no ruling declaring one party the winner and the other the loser.

Instead, the mediator helps the parties communicate and explore whether they can reach an agreement themselves.

That distinction is important.

A court may decide that a company owes TRY 5 million. A mediator cannot impose that decision. But during mediation, the parties might agree to TRY 4 million paid over several instalments, continued business cooperation and withdrawal of related claims.

In some disputes, that kind of flexibility is precisely what makes mediation attractive.

The legal framework should always be checked against the current Turkish legislation database, because mediation rules have expanded and been amended over time.

Why Has Mediation Become So Important in Turkey?

The role of mediation in Turkey has changed substantially.

It was once primarily viewed as an alternative way of resolving disputes. Today, Turkish law makes mediation a condition of litigation for a growing number of disputes.

This is commonly called dava şartı arabuluculuk, or mandatory mediation as a condition of bringing an action.

The practical consequence is simple:

Before filing a lawsuit, you may need to determine whether mediation is legally required.

Skipping that step can create a procedural problem and, in the appropriate circumstances, result in dismissal of the action.

The Ministry of Justice's official mediation information is a useful starting point, but the particular facts of the dispute still need to be examined.

Voluntary Mediation vs Mandatory Mediation

These two concepts are easy to confuse.

Voluntary Mediation

Voluntary mediation takes place because the parties choose it.

They might do so because:

• They want to preserve a business relationship;

• They do not want sensitive information aired in court;

• They want a quicker commercial solution;

• They want to control the terms of the outcome;

• They have several connected issues to resolve;

• They believe continued litigation would cost more than the potential benefit.

There is no shame in choosing mediation when you have a strong legal case.

Sometimes the strongest position is knowing that you do not need a judgment to achieve your real objective.

Mandatory Mediation

Mandatory mediation is different.

Where Turkish legislation makes mediation a condition of litigation, the claimant generally must apply to mediation before filing the relevant court action.

This applies only to disputes falling within the statutory framework. It is therefore not correct to say that "all disputes in Turkey require mediation."

The first step should always be identifying the legal nature of the claim.

Which Disputes Can Require Mediation in Turkey?

The categories have expanded over time, and the precise scope depends on the legislation applicable to the particular dispute.

Important areas include employment, commercial and consumer disputes, as well as specified rental, property, condominium and neighbourhood disputes.

Employment Mediation

Certain employment disputes must pass through mediation before proceedings can be brought before the labor courts.

The dispute might concern:

• Severance pay;

• Notice compensation;

• Unpaid wages;

• Overtime;

• Annual leave;

• Employment receivables;

• Certain compensation claims.

The Turkish Labor Law and Law on Labor Courts should be considered together with the mediation rules.

For an employee, mediation can provide an opportunity to recover unpaid entitlements without embarking immediately on litigation.

For an employer, it can provide a way to resolve a former employee's claim while limiting uncertainty and legal expense.

Commercial Mediation

Commercial disputes are one of the most important areas of Turkish mandatory mediation.

Relevant provisions are found in the Turkish Commercial Code and Law No. 6325.

Commercial mediation may be relevant to disputes involving:

• Unpaid invoices;

• Commercial receivables;

• Supply contracts;

• Distribution agreements;

• Service agreements;

• Construction contracts;

• Shareholder disagreements;

• Compensation;

• Certain debt-related claims.

But calling something a "commercial dispute" does not automatically answer the question.

The parties, claim, legal basis and remedy being sought all matter.

Consumer Mediation

Consumer disputes have their own procedural framework.

The Ministry of Trade Consumer Protection Directorate provides official information concerning Turkish consumer protection.

The Consumer Protection Law No. 6502 should also be consulted.

Depending on the nature and value of the dispute, the matter may fall within the jurisdiction of a consumer arbitration committee or a consumer court, and the applicable mediation requirement must be assessed accordingly.

This is a good example of why general online statements about mediation should not be treated as a substitute for checking the actual claim.

Rental Disputes: An Area Where the Rules Really Matter

Rental disputes deserve special attention.

Since 1 September 2023, mandatory mediation has applied to many disputes arising from rental relationships, subject to statutory exceptions.

The relevant amendment was introduced through Law No. 7445 in the Official Gazette.

Landlord-tenant disputes can concern:

• Rent;

• Rent adjustment;

• Lease termination;

• Evacuation;

• Security deposits;

• Property damage;

• Payment obligations;

• Other rights arising from the tenancy.

However, there are important exceptions and distinctions.

For example, certain eviction procedures pursued through non-judicial enforcement mechanisms are treated differently under the law.

The Turkish Code of Obligations is also central to understanding the substantive rights of landlords and tenants.

So, if a landlord says, "I have a rental dispute, therefore I must mediate," or a tenant says, "I do not need mediation," neither assumption should be accepted without looking at the intended legal proceeding.

Property, Condominium and Neighborhood Disputes

Mediation can also be relevant to disputes involving:

• Co-ownership;

• Dissolution of co-ownership;

• Division of movable or immovable property;

• Condominium ownership;

• Building management;

• Neighborhood rights.

The Condominium Ownership Law may need to be considered alongside Law No. 6325.

This can become particularly important in Istanbul apartment buildings where several owners may disagree about common areas, management decisions, expenses or use of the property.

A court can determine the legal dispute.

Mediation may sometimes allow the owners to find a solution that actually makes living or working together possible afterwards.

What Happens During Turkish Mediation?

The procedure can vary depending on the type of dispute, but the process generally follows several stages.

Step 1: Determine Whether Mediation Is Required

Before doing anything else, the legal position should be assessed.

This is particularly important where mandatory mediation may apply.

Step 2: Apply Through the Mediation System

Where required, the application is made through the relevant mediation office and system.

The Turkish Ministry of Justice Mediation Department provides information about the official mediation infrastructure.

Step 3: A Mediator Is Appointed

A mediator registered under the Turkish system conducts the process.

The mediator must remain neutral and impartial.

Step 4: The Parties Are Contacted

The mediator communicates with the parties and arranges the mediation process.

The parties may attend personally or through authorized representatives where legally appropriate.

Step 5: The Dispute Is Discussed

The parties explain their positions and discuss possible solutions.

The mediator may conduct joint discussions or, where appropriate, separate meetings.

Step 6: Settlement or No Settlement

There are three broad possibilities:

Full settlement: the dispute is resolved.

Partial settlement: some issues are resolved while others remain.

No settlement: the parties cannot reach an agreement.

Not every mediation should end in settlement.

If the proposed agreement would leave the client in a worse position than a realistic alternative, refusing to settle may be the correct decision.

What Does a Mediation Lawyer Actually Do?

A good mediation lawyer does not simply sit next to the client and listen.

The most useful work often happens before the mediation meeting.

Understanding the Law

The lawyer examines the relevant legislation, which might include the Turkish Civil Code, Code of Obligations, Commercial Code, Labour Law, Consumer Protection Law or other sector-specific legislation.

Reviewing the Evidence

The lawyer may examine:

• Contracts;

• Invoices;

• Emails;

• Messages;

• Bank records;

• Payment receipts;

• Employment records;

• Lease agreements;

• Title documents;

• Company records;

• Expert reports.

This does not mean turning mediation into a full trial.

It means knowing how strong the client's position actually is.

Evaluating Litigation Risk

A lawyer should be able to explain:

"If we do not settle, what realistically happens next?"

That may involve considering:

• The evidence;

• Applicable law;

• Procedural requirements;

• Counterclaims;

• Limitation periods;

• Court jurisdiction;

• Enforcement;

• Time and expense.

Establishing Settlement Parameters

It can be useful to decide in advance:

• What outcome would be ideal?

• What outcome would be acceptable?

• What terms are unacceptable?

• Which issues can be negotiated?

• Which issues should not be compromised?

Having these answers before the meeting can prevent emotional decision-making.

Why Mediation Is Not Simply "Splitting the Difference"

There is a common misconception that mediation means meeting halfway.

It does not.

A mediator is not there to calculate an average between two demands.

The parties can design a settlement around their actual interests.

For example, instead of arguing endlessly about whether an invoice is payable immediately, two businesses might agree to:

• Partial payment now;

• The balance in instalments;

• A revised supply arrangement;

• Withdrawal of related claims;

• Continued commercial cooperation.

That solution may have more value to both parties than a simple judgment.

The Importance of Preparing for Negotiation

A client should ideally enter mediation knowing more than the amount they want.

They should understand:

Their Legal Position

What does Turkish law actually provide?

Their Evidence

What can they prove?

Their Weaknesses

What is the other side likely to challenge?

Their Alternative

What happens if no agreement is reached?

Their Priorities

Is the objective money, time, confidentiality, business continuity, possession of property, termination of a relationship or something else?

These questions make negotiation more rational.

What Should a Mediation Settlement Include?

A settlement should be written with the future in mind.

Depending on the dispute, it may need to address:

• Payment amounts;

• Currency;

• Instalments;

• Payment dates;

• Interest;

• Default;

• Contract termination;

• Delivery obligations;

• Transfer of property;

• Withdrawal of proceedings;

• Release of claims;

• Confidentiality;

• Future obligations;

• Consequences of breach.

The official Turkish mediation legislation contains the principal statutory framework governing settlement documents and their enforceability.

The lesson is straightforward:

Do not treat settlement drafting as paperwork.

The document is the thing the parties will rely on after the meeting is over.

Can a Turkish Mediation Settlement Be Enforced?

Potentially, yes.

But the exact mechanism matters.

Turkish law provides rules concerning the enforceability of mediation settlement agreements and the enforceability annotation, known as icra edilebilirlik şerhi.

The procedure can differ depending on the type of dispute.

For specified rental, condominium, co-ownership and neighborhood disputes, Article 18/B contains specific provisions. The Official Gazette publication of Law No. 7445 is an important primary source.

For this reason, it is wise to ask about enforcement before signing the settlement, not after the other party fails to perform.

What Happens If Mediation Fails?

Sometimes the parties simply cannot agree.

That is not necessarily a failure of the legal strategy.

Mediation may reveal:

• What the other party genuinely disputes;

• Which facts are important;

• What evidence may be challenged;

• How far apart the parties really are;

• Whether there is still room for future negotiation.

Where mandatory mediation applies, the relevant final mediation documentation is important before proceeding with the next legal stage.

The Ministry of Justice's guidance on mandatory commercial mediation provides further information concerning the procedure.

Mediation and Litigation Can Be Prepared at the Same Time

There is no reason for a lawyer to approach mediation without understanding the litigation position.

In fact, the opposite is often sensible.

Suppose a company is claiming TRY 10 million.

Before mediation, its lawyer should understand:

• Why the company believes TRY 10 million is due;

• What documents prove the claim;

• What the other company may argue;

• What counterclaims might arise;

• What the likely litigation risks are.

Then the settlement discussion has a rational foundation.

The client can ask:

"If I accept this proposal, am I genuinely better off than if I continue with the dispute?"

That is a much more useful question than simply asking whether the proposed settlement "sounds fair."

Confidentiality: Useful, but Not Something to Take for Granted

Confidentiality is one of mediation's attractive features.

Businesses may prefer to discuss sensitive matters away from ordinary court proceedings.

The subject may involve:

• Trade secrets;

• Pricing;

• Financial information;

• Employee matters;

• Customer relationships;

• Investment plans;

• Corporate disagreements.

Turkish mediation law contains confidentiality obligations, but parties should still take care with particularly sensitive information.

Where personal data is involved, the Personal Data Protection Authority (KVKK) and Turkish Personal Data Protection Law No. 6698 may also become relevant.

Confidentiality and data protection are related but not identical issues.

International Mediation in Turkey

Istanbul's position as a major international business centre means that many disputes involve foreign parties.

A mediation may involve:

• A Turkish manufacturer and European buyer;

• A Turkish company and Middle Eastern investor;

• Foreign shareholders;

• International distributors;

• Cross-border construction contracts;

• Foreign suppliers;

• Joint ventures.

In these cases, settling the dispute is only part of the problem.

The parties also need to think about where the settlement might ultimately need to be enforced.

What Should Foreign Parties Consider?

A foreign company entering Turkish mediation may need to consider:

• Governing law;

• Jurisdiction;

• Corporate authority;

• Powers of attorney;

• Language;

• Translation;

• Currency;

• Tax consequences;

• Enforcement;

• International conventions.

A settlement that works perfectly well in Istanbul may require additional steps before it can be enforced elsewhere.

This is why international mediation should be planned with both Turkish law and the potential enforcement jurisdiction in mind.

The Singapore Convention and Turkey

The Singapore Convention on Mediation provides an international framework for recognition and enforcement of qualifying international commercial settlement agreements resulting from mediation.

Türkiye is a party to the Convention. The current UNCITRAL status information provides the relevant treaty information.

The Convention does not mean that every settlement can automatically be enforced in every country.

Its scope and exclusions matter, and the law of the jurisdiction where enforcement is sought must still be considered.

For international businesses, however, it is an important part of the broader mediation landscape.

Mediation Clauses in Turkish Commercial Contracts

Businesses can also think about mediation before a dispute exists.

A well-designed contract may establish a sequence such as:

Negotiation → Mediation → Arbitration or Litigation

Whether this is appropriate depends on the transaction.

For international agreements, businesses may also consider the ICC Mediation Rules and ICC Arbitration Rules.

The UNCITRAL Model Law on International Commercial Arbitration is another useful international reference point.

The key is not to copy a dispute-resolution clause from another contract without considering the transaction, governing law and jurisdictions involved.

When Mediation May Not Be Appropriate

Mediation is useful, but it is not magic.

There are circumstances where litigation, arbitration or another formal legal remedy may be more appropriate.

For example:

• Urgent court intervention may be necessary;

• A party may have no genuine intention of negotiating;

• The dispute may concern rights that cannot legally be compromised;

• Evidence may need urgent preservation;

• A binding judicial determination may be important;

• Enforcement concerns may outweigh the benefits of settlement.

A lawyer's job is not to persuade every client to mediate.

It is to identify the strategy that best protects the client's interests.

Mediation for Landlords and Tenants in Istanbul

For landlords and tenants, the best preparation often starts with the documents.

A lawyer may review:

• The lease;

• Payment history;

• Notices;

• Correspondence;

• Rent records;

• Property documents;

• Previous agreements;

• The intended eviction or other legal procedure.

The Turkish Code of Obligations should be considered together with the applicable mediation provisions.

The parties should also be clear about what happens after settlement.

If a tenant agrees to vacate on a particular date, for example, the agreement should not leave important practical details uncertain.

Mediation for Companies and Shareholders

Corporate disputes can be particularly suitable for negotiated solutions because shareholders may need to continue working together after the dispute.

A disagreement may involve:

• Dividends;

• Management;

• Share transfers;

• Corporate decisions;

• Funding;

• Company valuation;

• Deadlock;

• Contractual obligations.

The Turkish Commercial Code should be examined alongside the company's articles, shareholder agreements and other contractual documents.

A court judgment may answer a legal question.

Mediation may allow the shareholders to solve the underlying relationship.

Mediation for Construction and Real Estate Disputes

Construction and property disputes often involve more than a simple payment disagreement.

There may be:

• Delayed completion;

• Defective work;

• Payment certificates;

• Variation orders;

• Contractor claims;

• Subcontractor issues;

• Title problems;

• Delivery disputes;

• Defects;

• Financing pressures.

Relevant legislation may include the Turkish Code of Obligations, Construction Law resources and Land Registry and Cadastre General Directorate information.

Mediation can be useful where the parties still need each other to complete a project or transfer an asset.

Mediation and the Wider Dispute-Resolution Strategy

A dispute rarely exists in a legal vacuum.

A commercial dispute may involve contract law, corporate law, commercial litigation and international commercial law at the same time.

An employment dispute may involve Turkish labor and employment law.

A property disagreement may involve real estate law, rental law or construction law.

Where settlement is impossible, the matter may proceed into litigation and dispute resolution or, where an arbitration agreement exists, arbitration.

Seeing these connections early is one of the advantages of taking a broader approach to dispute resolution.

A Simple Checklist Before Your Mediation

Before attending a mediation meeting in Turkey, it is worth asking:

1. Is mediation mandatory?

Do not assume. Check the exact claim and applicable legislation.

2. What is my legal position?

Know your rights and potential weaknesses.

3. What evidence do I have?

Organize the documents that actually support your position.

4. What is the other side likely to argue?

Try to understand the dispute from the other party's perspective.

5. What do I really want?

Money may not be the only objective.

6. What is my alternative?

Understand what happens if settlement fails.

7. Who has authority to settle?

This is particularly important for companies and international groups.

8. Is the settlement enforceable?

Consider enforcement before signing.

9. Are there international issues?

For cross-border disputes, consider governing law and enforcement abroad.

10. Have the settlement terms been reviewed properly?

Do not rush the final document simply because everyone wants the meeting to end.

How a Mediation Lawyer in Istanbul Can Help

A lawyer's role in mediation is ultimately about preparation, judgment and protection of the client's interests.

At Kurucuk & Associates, mediation work may include:

• Assessing whether mandatory mediation applies;

• Reviewing the underlying dispute;

• Analyzing contracts and legislation;

• Reviewing evidence;

• Preparing negotiation strategies;

• Advising on settlement ranges;

• Participating in mediation meetings;

• Negotiating with opposing counsel;

• Reviewing settlement agreements;

• Advising on enforceability;

• Assisting with cross-border mediation issues;

• Preparing for litigation or arbitration if settlement fails.

Our mediation lawyer practice in Istanbul forms part of a broader dispute-resolution practice.

Depending on the dispute, clients may also require assistance with Turkish contract law, commercial law, employment law, real estate law, rental disputes, construction law, consumer law, corporate law, international commercial disputes or arbitration.

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