Mandatory Mediation in Turkey: Scope and Process

In recent years, mediation has become a significant tool for resolving disputes in Turkey, especially under the umbrella of alternative dispute resolution methods. Mandatory mediation, particularly in areas like labor law, commercial law, and consumer law, aims to ease the burden on the judiciary and provide faster, cost-effective solutions. This blog explores the types of cases where mandatory mediation is applicable and outlines the basic steps of the mediation process.

Which Disputes Require Mandatory Mediation?

Mandatory mediation applies to disputes in the following three main areas:

1.Labor Law Disputes

Mediation is a prerequisite for filing lawsuits in many disputes between employees and employers, such as:

• Employee claims (e.g., severance pay, notice pay, overtime, unused annual leave),

• Reinstatement requests,

• Other rights and demands arising from employment contracts.

However, disputes related to workplace accidents and some cases not directly tied to the employer-employee relationship fall outside the scope of mandatory mediation.

2. Commercial Law Disputes

Claims for compensation or monetary demands arising from the Turkish Commercial Code are subject to mandatory mediation. Examples include:

• Disputes stemming from commercial sales,

• Conflicts between company shareholders over compensation or debts,

• Claims related to unfair competition.

Certain types of commercial disputes, such as those concerning bankruptcy, concordat, and intellectual property, are excluded from this requirement.

3. Consumer Law Disputes

For disputes governed by the Consumer Protection Law (Law No. 6502) and exceeding a specific monetary threshold, mediation is mandatory before filing a lawsuit. This monetary limit is revised annually, and parties must first attempt mediation before pursuing litigation.

How Does the Mandatory Mediation Process Work?

The mandatory mediation process consists of the following steps:

1. Filing an Application

The party initiating mediation submits an application to the relevant mediation office. The application includes a written petition outlining the dispute. In areas where no mediation office exists, applications can be submitted through the civil court of peace.

2. Appointment of a Mediator

Upon application, a mediator is assigned by the mediation office. Parties can either accept the assigned mediator or agree to appoint a mutually selected mediator.

3. Initial Meeting and Negotiation

The mediator invites the parties to a meeting where:

• The subject of the dispute is clarified,

• Parties present their claims and potential solutions are discussed.

The mediator facilitates negotiations to help the parties reach a mutual agreement. The process must be completed within three weeks, with a possible one-week extension in exceptional cases.

4. Agreement or Non-Agreement Report

If the parties reach a resolution, an agreement report is prepared and signed. This document has the same legal effect as a court judgment and is directly enforceable.
If no agreement is reached, the mediator drafts a non-agreement report, which must be submitted to the court if the dispute proceeds to litigation.

Conclusion

Mandatory mediation in Turkey encourages parties to seek a swift and amicable resolution to their disputes before turning to the courts. By saving time and reducing costs, the process benefits both individuals and the judicial system. However, since not all disputes fall under its scope, it is essential to review the relevant legal provisions before initiating mediation.