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What does mediation mean?

Mediation is an alternative dispute resolution method used in private-law disputes that are brought to court or raised before a case is filed, in which the parties seek a solution with the help of a neutral third party. A mediator is not a judge who issues a ruling; instead, they help the parties communicate, clarify their claims and find common ground.

The main purpose of this method is to resolve disputes more quickly and with a lighter burden on the courts. It can also help parties reach an outcome without completely breaking down, especially in areas such as commercial, employment or rental relations.

In which disputes does mandatory mediation apply?

In Turkey, mandatory mediation, also known as a condition for filing a lawsuit, is applied as a step that must be completed before going to court in certain types of cases. Its scope changes depending on the type of dispute, and exceptions may apply in every file.

Common areas covered

  • Disputes between employees and employers involving wage claims, compensation and reinstatement.
  • A significant share of monetary claims and compensation claims of a commercial nature.
  • Some consumer disputes and claims arising from contracts.
  • Certain disputes arising from rental relations and some private-law neighborhood or shared-living disputes.

By contrast, contentious family-law matters, criminal proceedings or certain issues over which the parties cannot freely dispose are generally outside this scope. For this reason, whether mediation is mandatory should be assessed separately based on the legal relationship underlying the specific case.

How does the mediation process work?

The process usually begins with an application made through the relevant official channel, after which the parties are invited to a meeting. At the sessions, the parties present their claims and demands; the mediator creates a framework for negotiation without imposing a solution.

What happens if there is an agreement, and what if there is not?

If the parties reach an agreement, a settlement document is prepared setting out its terms. If no agreement is reached, this is recorded in a final report and the right to file a lawsuit remains open; in cases where mediation is mandatory, completing this step is important before going to court.

In files where it is not clear whether the case falls within the scope of mandatory mediation as a condition for filing suit, it is important to check the latest legislation and practice. Even when the dispute appears similar, the parties’ legal status, the nature of the claim and any exceptions can change how the process works.

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