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What is mediation and how does it work?

What is mediation is an important question for people looking to resolve disputes without going to court. Mediation is an alternative dispute resolution method in which the parties try to settle a dispute through discussions with the help of an independent and impartial third party.

In this process, the mediator does not act like a judge issuing a decision; instead, the mediator listens to the parties, facilitates communication and helps them find common ground. If the parties reach an agreement, the outcome is put in writing; if no agreement is reached, the right to pursue legal action generally remains.

Mediation is not always entirely voluntary. In Turkish legal practice, in some disputes, applying to a mediator may be regulated as a mandatory precondition for filing a lawsuit before taking the case to court.

In which disputes is mandatory mediation applied?

Mandatory mediation depends on the nature of the dispute and the applicable legislation. For that reason, the same result does not apply in every individual case; even so, there are some common categories seen most often in practice.

Main areas highlighted in the legislation

  • Labor disputes: In disputes between employees and employers involving wages, receivables, compensation or certain employment-related claims, mediation may come up as a pre-litigation step.
  • Commercial disputes: In some claims for monetary receivables and compensation between companies or merchants, prior application to a mediator may be required.
  • Consumer disputes: In some disputes arising from consumer transactions, this route may need to be used before filing a lawsuit.
  • Some tenancy and neighborhood-related disputes: Mediation may also be required in certain disputes arising from lease relationships and some conflicts related to the use of real estate.

The key point here is that not every labor, commercial, consumer or tenancy dispute automatically falls within the same scope. The type of claim, the status of the parties and the subject of the dispute are the main factors determining whether mediation is mandatory.

What happens at the end of the mediation process?

If the parties reach an agreement during the discussions, an agreement text is prepared and the process can end without going to court. If no agreement is reached, this is recorded in an official report; where mandatory mediation applies, the parties may then move on to litigation.

To determine whether mediation is mandatory in a dispute, the current legislation, the legal nature of the claim and the application requirements must all be assessed together. Before filing an application, carefully reviewing the scope of the case is important to avoid losing rights because of procedural issues.

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