By Av. Serkan Kara, Istanbul Bar No. 53770. Last updated: 14 June 2026.
Mediation in Turkey is governed by the Mediation in Civil Disputes Law No. 6325 (2012), under which a neutral, Ministry of Justice-registered mediator helps the parties reach their own settlement; for many commercial, labor, and consumer claims, attending mediation is now a mandatory precondition to filing suit (dava sarti arabuluculuk), and a settlement signed by the parties and the mediator carries the force of a court judgment and is directly enforceable through the enforcement offices.
For a foreign investor, general counsel, or cross-border company with a Turkey-linked dispute, the practical point is that mediation is no longer optional in several core categories: skipping a required session does not just delay the case, it can shift the entire cost burden. Below we set out how the process works, what is mandatory, the documents to bring, and how a mediated settlement is enforced, the way a party deciding whether to mediate actually needs to weigh it.
What law governs mediation in Turkey?
Mediation in Turkey is regulated by the Mediation in Civil Disputes Law No. 6325, in force since 2012, and administered through the Mediation Department (Arabuluculuk Daire Baskanligi) of the Ministry of Justice. The law defines mediation as a voluntary, confidential, structured negotiation in which a neutral mediator facilitates a settlement but renders no decision of their own. Mediators must be registered on the Department’s official registry and complete the mandatory training the regulation requires before they can take cases. The same law makes a signed mediation settlement enforceable, which is what separates Turkish statutory mediation from informal negotiation.
When is mediation mandatory before going to court?
Under the dava sarti (litigation-precondition) regime built onto Law No. 6325, mediation is a mandatory first step before filing certain lawsuits. The established categories are labor disputes (mandatory mediation since 2018), commercial disputes for monetary receivable and compensation claims (since 2019), and consumer disputes above a monetary threshold (since 2023). The threshold figures and the precise scope are set by law and regulation and are revalued periodically, so confirm the limit and category in force at the time of filing. For these categories, a court will reject a lawsuit filed without first completing the required mediation step, which is why mandatory mediation is a procedural gate rather than a settlement preference.
What happens if a party skips a mandatory mediation session?
Refusing to attend a required mediation session under Law No. 6325 carries a specific cost consequence. If a party invited to mandatory mediation fails to attend the first session without a valid excuse, and the dispute later proceeds to court, that party bears the full litigation costs even if it ultimately wins the case. This cost-shifting rule is the law’s enforcement mechanism for participation: it does not force anyone to settle, because the parties always remain free to reach no agreement, but it makes non-attendance an expensive choice. The duty is to show up and engage in good faith, not to accept a particular outcome.
How does the mediation process work step by step?
The process under Law No. 6325 is structured but flexible, and a registered mediator manages it from appointment to outcome. In practice it moves through a recognizable sequence.
- appointment of a registered mediator, by party agreement or through the Mediation Department roster
- an opening session establishing confidentiality, scope, and the parties’ positions
- joint and, where useful, separate confidential meetings to explore each side’s real interests
- facilitated negotiation toward terms both sides can accept, with lawyers attending if the parties wish
- a written settlement agreement signed by the parties and the mediator, or a record of non-agreement closing the file
Throughout, the mediator stays neutral and imposes nothing; the parties keep control of the outcome, which is the structural difference from a court judgment.
How long does mediation take in Turkey?
Statutory mediation under Law No. 6325 is designed to be far faster than litigation, with mandatory mediation in particular subject to short statutory completion windows so a case cannot stall the courts indefinitely. In practice many commercial and labor matters conclude within a few weeks rather than the months or years a contested lawsuit can run, although the exact statutory time limit for each mandatory category is set by the law and regulation and should be confirmed for the specific dispute type. Voluntary mediation has more flexibility, since the parties set their own pace, but the same incentive applies: the value of mediation is largely in resolving the matter before litigation cost and delay accumulate.
What documents should you prepare for mediation?
A mediation runs better when each side arrives with the record that defines the dispute, not just its grievance. Before the first session, assemble the materials that show what the claim actually is.
- the contract or agreement at the center of the dispute and any amendments
- correspondence, invoices, delivery records, or payroll documents evidencing the claim
- a clear statement of the amount or relief sought and how it is calculated
- identity and authority documents, including a power of attorney where a representative will attend
- for cross-border parties, certified translations of foreign-language documents the mediator may need
The same documents later support any court filing if mediation does not settle the matter, so preparing them early is not wasted effort.
How is a mediation settlement enforced?
A settlement agreement reached under Law No. 6325 is not a mere private contract. Once signed by the parties and the mediator, it has the force of a court judgment and can be executed directly through the enforcement offices (icra daireleri) without a separate lawsuit; where the parties obtain an enforceability annotation (icra edilebilirlik serhi) from the competent court, the agreement carries the status of a document equivalent to a court judgment for execution. For cross-border parties, this matters because a clean, signed, properly recorded mediation settlement gives a faster route to recovery than a contested judgment, and the procedural framework of the Code of Civil Procedure No. 6100 supports the court steps where they are needed.
When is mediation the wrong choice?
Mediation is a strong tool, but it is not suitable everywhere. It works where both sides can negotiate in good faith and an ongoing commercial or personal relationship is worth preserving. It is a poor fit, and the law and practice recognize this, where there is a serious power imbalance the process cannot correct, where the matter involves violence or abuse, where one party simply will not engage, or where the dispute turns on a contested point of law that needs a binding judicial ruling rather than a compromise. In Turkish family law, for example, divorce itself is decided by the court and is not subject to mandatory mediation, although parties may use facilitated negotiation to agree the terms of an uncontested divorce protocol. Choosing mediation where a court ruling is what the case actually needs wastes time the cost-shifting rule will not refund.
Mediation compared with litigation in Turkey
| Factor | Mediation (Law No. 6325) | Litigation (court proceedings) |
|---|---|---|
| Who decides | The parties; the mediator imposes nothing | The judge, by binding judgment |
| Confidentiality | Confidential by law | Generally public proceedings |
| Typical duration | Weeks for many matters; statutory windows for mandatory cases | Months to years for contested cases |
| Outcome control | High; settlement is shaped by the parties | Low; outcome set by the court |
| Enforceability | Signed settlement carries the force of a court judgment | Final judgment enforced through enforcement offices |
| Relationship impact | Can preserve commercial or personal relationships | Often adversarial and relationship-ending |
Use this grid as a first filter, then test it against the specific dispute, since the right path depends on whether you need a compromise or a binding ruling.
Frequently asked questions
Is mediation mandatory for all disputes in Turkey?
No. Mediation is mandatory only for specific categories under the dava sarti regime built on Law No. 6325, principally labor disputes, commercial monetary and compensation claims, and consumer disputes above a set threshold. For these, completing mediation is a precondition to filing suit. Most other disputes can use mediation voluntarily but are not required to. Because the categories and thresholds are revalued periodically, confirm whether your specific dispute type falls within mandatory mediation in force at the time you intend to file.
Does a mediated settlement have the same effect as a court judgment?
Yes, in its enforceability. Under Law No. 6325, a settlement signed by the parties and the mediator carries the force of a court judgment and can be executed directly through the enforcement offices, and with an enforceability annotation from the competent court it stands as a document equivalent to a court judgment for execution. That is the defining advantage over informal settlement: the agreement is not merely a contract you would have to sue on, but an instrument you can enforce.
Can foreign parties use mediation in Turkey?
Yes. Mediation under Law No. 6325 is available to foreign and cross-border parties, and the same mandatory categories and enforceability rules apply. A foreign party should prepare certified translations of key documents, appoint a representative with a proper power of attorney where it will not attend in person, and obtain legal advice on whether the dispute falls within mandatory mediation. A properly signed and recorded settlement then gives a direct enforcement route, which is often faster and more predictable than contested cross-border litigation.
What happens if mediation does not produce a settlement?
If the parties cannot agree, the mediator closes the file with a record of non-agreement, and for a mandatory category that record satisfies the litigation precondition so the claimant can then file suit. Nothing said in the confidential mediation can ordinarily be used against a party in the later case. The documents prepared for mediation carry straight into the court filing, so an unsuccessful mediation is rarely wasted; it clears the procedural gate and sharpens the case for litigation.
Resolve your Turkey-linked dispute before litigation cost accumulates
If you face a Turkey-linked commercial or contractual dispute, the highest-value moment to act is before mandatory mediation deadlines and cost-shifting rules start to bind. Our team advises foreign investors, general counsel, and cross-border companies on whether a dispute falls within mandatory mediation, how to prepare and represent a party in the session, and how to secure an enforceable settlement under Law No. 6325. Learn how we structure these matters on our international commercial litigation services page, and request a dispute assessment before any filing deadline.
For related guidance, see our analysis of international arbitration and cross-border dispute resolution in Turkey, the practical steps for enforcing foreign arbitral awards in Turkey under the New York Convention, and the choice between ICC and ISTAC arbitration for Turkey-linked disputes.
General information, not legal advice. Turkish law; verify your specific situation with qualified counsel.