Mandatory Mediation in Turkey

Disputes between parties and legal actions, such as prolonged litigation, can be a very challenging process for most people. Mandatory mediation, which provides convenience in this case, is available in some countries, while in others it is not. Turkey is one such country that has recognized its benefits, offering its citizens a valuable tool for resolving disputes outside the courtroom.

For additional information about this field of law and related cases, you can contact Istanbul Lawyer Firm. With our qualified, experienced, and English speaking lawyers in Turkey, we can help you handle your legal challenges in this field.

What is Mandatory Mediation?

You may have heard about it and asked “What is mandatory mediation?”. It is the procedure through which parties to a dispute are legally required to participate before going to court. The procedure usually includes choosing a mediator, an unbiased third party who assists the disputing parties in communicating and negotiating. 

The mediator helps the parties resolve their problems, consider potential solutions, and move towards reaching an agreement. Instead of forcing a resolution on the parties, mediators aim to help them reach a voluntary agreement.

With Law No. 6325 on Mediation in Civil Disputes, which entered into force on June 22, 2012, Turkey started to implement this legal procedure as an alternative dispute resolution method. With Law No. 6325, people who will practice the mediation profession have been authorized to use the title of mediator.

Mandatory Mediation in Employment Disputes

A requirement for both parties involved in employment-related conflicts to participate in a mediation process before taking formal legal action is referred to as mandatory mediation in employment disputes. By allowing parties to resolve conflicts without applying for court action, the practice of this legal procedure in employment disputes promotes negotiation and reduces the workload on the legal system. 

Since January 1 of 2018, the majority of employment disputes must be resolved through mediation before filing a lawsuit with the labor courts, in accordance with the Labour Courts Law. In the case of employment disputes, Article 5 of Labor Courts Law No. 7036 states that parties must apply for mediation if the dispute arises from employment contracts or debts.

Mediation in Commercial Disagreements 

Using mediation to resolve conflicts that arise in a business or commercial context is known as mediation in commercial disputes. According to the Law on Starting Legal Proceedings for Monetary Receivables Arising from Subscription Agreements No 7155, which added new provisions to the Turkish Commercial Code No. 6102, and the Law on Mediation in Civil Disputes No. 6325, mediation is now required in all commercial disputes in Turkey since January 1, 2019.

In addition, problems and lawsuits involving parties, who are merchants on both sides of the dispute and conflicts related to the businesses of the parties that are not specifically addressed by Article 4 of the TCC, must be subject to mandatory mediation. If you need a lawyer in Turkey to assist you in this field, you can contact Istanbul Lawyer Firm. 

Mediation in Consumer Controversies 

In general, this term refers to the use of mediation to resolve conflicts between consumers and businesses. Due to several reasons, such as faulty products, goods, or services and incorrect billing, disputes between consumers and businesses can arise. In such cases, mediation can be an effective alternative to litigation or other formal dispute resolution procedures in disputes involving customers and can help both parties reach a mutually agreed-upon result. 

In addition, since it aims to create problem-solving and find mutually beneficial solutions, mediation in consumer controversies helps preserve relationships between consumers and businesses.

Mandatory Mediation in Rental Disputes

Disputes arising from lease relationships (excluding evictions through non-litigious execution), condominium ownership, relating to neighbour rights, and concerning the dissolution of partnerships have been included as preconditions for litigation under the scope of mediation. As of September 1, 2023, if a lawsuit is desired to be initiated, it is obligatory to first apply to a mediator.

Benefits of Mandatory Mediation in Turkey 

Mandatory mediation in Turkey offers several advantages. It generally provides efficiency in the legal process, cost-effective solutions, and preserves the relationships between the parties. 

You can benefit from its advantages in your legal cases as well. To get more information about the benefits of this legal procedure in Turkey, you can contact our Turkish lawyer firm, Istanbul Lawyer Firm. 

Efficiency in the Legal Process 

  • Decrease in the length of court proceedings
  • The mediation process is made easier by a mediator who is a neutral third party

Cost-effectiveness of Mediation 

  • Less legal fees 
  • Resolving disputes with fewer legal processes and their costs

Preservation of Relationships