This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Arabuluculuk: Hangi Davalarda Zorunlu, Nasıl İşler?.
In some disputes mediation is not an option but a condition of the action: a claim filed without it, where it is compulsory, is dismissed on procedural grounds without the merits being examined. Employment claims, commercial monetary claims, tenancy disputes and certain consumer disputes fall within it. Family law actions do not.
The scope has widened steadily, and the consequence of getting it wrong has not softened: the case is dismissed, the fee is spent, and the claim has to be started again. This guide sets out where mediation is compulsory, how the process runs, and what the settlement document is worth.
Where Mediation Is Compulsory
- Employer and employee disputes. Severance, notice, overtime, annual leave and wage claims, and reinstatement.
- Commercial actions. Claims for debt and compensation whose subject is the payment of a sum of money.
- Consumer disputes above the threshold for the consumer arbitration committee.
- Tenancy disputes, division of movable and immovable property and dissolution of joint ownership, and disputes arising from condominium ownership and the law of neighbours.
Outside the scope, and therefore filed directly: claims for pecuniary and non-pecuniary damages arising from workplace accidents and occupational diseases, actions for a declaration of employment, family law actions (divorce, custody, maintenance) and criminal proceedings.
Applications for an interim injunction and precautionary attachment are also outside it and may be made directly to the court.
| Dispute | Compulsory? | Basis |
|---|---|---|
| Employment claims and reinstatement | Yes | Act 7036 art. 3 |
| Commercial debt and compensation claims | Yes | TTK art. 5/A |
| Tenancy disputes, including eviction | Yes | Act 6325 art. 18/B |
| Dissolution of joint ownership | Yes | Act 6325 art. 18/B |
| Condominium ownership and law of neighbours | Yes | Act 6325 art. 18/B |
| Consumer disputes above the committee threshold | Yes | Act 6502 art. 73/A |
| Compensation for workplace accident or occupational disease | No | Act 7036 art. 3/3 |
| Divorce, custody, maintenance | No | — |
From the date of application to the mediation office, the limitation period is suspended and forfeiture periods do not run (Act 6325 art. 16/2).
How the Process Works
- Application to the mediation office at the courthouse, or electronically, giving the other party's address and contact details.
- A mediator is appointed from the list. The parties may instead agree on a mediator together.
- Meetings. The mediator invites the parties; meetings may be held in person or online.
- Time. In employment disputes the mediator concludes the process within three weeks of appointment, extendable by at most one week where necessary. In commercial disputes the period is six weeks, extendable by two.
- Final record. Whether or not agreement is reached, the process ends with a record.
Where no agreement is reached, the original of the final record, or a copy certified by the mediator, must be attached to the petition. If it is not, the court allows a one-week final period; if it is still not produced, the claim is dismissed on procedural grounds.
What the Settlement Document Is Worth
Where the parties settle, the document carries real legal force.
A settlement document signed by the parties, their lawyers and the mediator together is an instrument equivalent to a court judgment, without needing an enforceability annotation. It can be put straight into enforcement.
In other cases an enforceability annotation must be obtained from the civil court of peace.
No action can be brought on the matters settled. Read the scope carefully before signing: the document must state which claims are included and which are expressly reserved.
The problem seen most often in practice is a narrow settlement drafted as a broad release. The words "I waive all my rights and claims" cover considerably more than most people intend.
Cost, Limitation and Non-attendance
Cost. Where no agreement is reached, two hours of the mediator's fee is met from the Ministry of Justice budget. Where agreement is reached, the fee is shared equally unless otherwise agreed, and is set by tariff.
Limitation. From the application to the mediation office until the final record is drawn up, the limitation period is suspended and forfeiture periods do not run. For a claim close to expiry this is a significant protection.
Non-attendance. A party who fails to attend the first meeting without a valid excuse is held liable for the whole of the litigation costs in any subsequent action, even if they win in whole or in part, and no attorney's fee is awarded in their favour.
That sanction is the most concrete reason to take the process seriously.
A settlement signed together with the lawyers is an instrument equivalent to a court judgment, and no further action can be brought on the matters settled. Watch for a narrow settlement written as a broad release. A party who misses the first meeting without excuse pays all the costs even if they later win.
Frequently Asked Questions
In which cases is mediation compulsory?
Employment disputes, commercial claims for money, consumer disputes above the committee threshold, and tenancy, dissolution of joint ownership, condominium and neighbour disputes.
Where is it not compulsory?
Compensation for workplace accidents and occupational diseases, actions for a declaration of employment, family law actions and criminal proceedings. Injunctions and attachments are also outside it.
How long does it take?
Three weeks in employment disputes, extendable by one; six weeks in commercial disputes, extendable by two.
Can a settlement be enforced?
A document signed by the parties, their lawyers and the mediator is equivalent to a judgment without further formality. Otherwise an enforceability annotation is obtained from the civil court of peace.
What if I do not attend?
A party absent from the first meeting without a valid excuse bears all the litigation costs in any later action even if they win, and is awarded no attorney's fee.