Mediation in Turkey

Quick Facts

• Legal Framework: Mediation in Turkey follows Law No. 6325 on Mediation in Civil Disputes enacted in 2012, which established the legal framework for mediation. The law originally provided for voluntary mediation but ha...
• Cultural Approach: Turkish cultural mediation emphasises relationship preservation and consensus-building, aligning well with formal mediation principles. The cultural preference for harmony and maintaining relationship...
• Typical Costs: If parties reach agreement through mediation, they must pay equal shares of mediation fees unless otherwise agreed. If parties are unable to settle and mediation meetings completed in less than two ho...

Mediation Research

Legal Framework

Mediation in Turkey follows Law No. 6325 on Mediation in Civil Disputes enacted in 2012, which established the legal framework for mediation. The law originally provided for voluntary mediation but has been significantly expanded through subsequent amendments. Law No. 7155, published 19 December 2018 and effective 1 January 2019, introduced mandatory mediation for certain commercial disputes under Article 5/A of the Turkish Commercial Code. Mandatory mediation applies when the lawsuit is categorized as commercial under Article 4 of the Turkish Commercial Code and the subject matter involves monetary payment or compensation claims. The Regulation on the Practice of Mediation was released in 2013, detailing procedures and requirements for mediators. The Ministry of Justice plays crucial role in overseeing mediation implementation and regulation.

Court System

Courts in Turkey actively promote and enforce mandatory mediation for eligible disputes. Parties must apply to the Mediation Office in jurisdiction of the Court before commencing litigation for mandatory commercial disputes. Courts will reject lawsuits on procedural grounds at preliminary stage if parties do not fulfill mandatory mediation requirements. If one party does not participate in first meeting without excuse and mediation ends, that party must pay all legal costs regardless of lawsuit outcome. The judiciary is implementing mandatory mediation as strategic move to reduce case backlog and promote culture of consensus. Courts encourage mediation and can refer parties to mediation in various civil disputes beyond mandatory requirements.

Mediator Regulations

The Regulation on the Practice of Mediation (2013) sets standards for mediator qualifications, emphasising impartiality, confidentiality, and professionalism. The Ministry of Justice oversees mediator certification and training programmes. Mediators are appointed by the Mediation Office from list of registered mediators in jurisdiction, though parties may agree on a mediator from the list. The Turkish Bar Association contributes to legal framework surrounding mediation. Recent amendments have expanded scope of mandatory mediation, requiring mediator training and accreditation. The Code of Conduct provides guidelines for professional conduct and ethical standards. Professional mediators operate through institutions and must complete approved training programmes.

Cultural Approach

Turkish cultural mediation emphasises relationship preservation and consensus-building, aligning well with formal mediation principles. The cultural preference for harmony and maintaining relationships supports mediation adoption. Turkish mediators typically take neutral facilitative role helping parties reach mutually acceptable solutions. The introduction of mandatory mediation demonstrates judicial recognition of cultural preferences for non-adversarial dispute resolution. However, there may be initial resistance to mandatory requirements from parties accustomed to litigation. The combination of traditional values with modern legal framework provides strong foundation for mediation development.

Typical Costs

If parties reach agreement through mediation, they must pay equal shares of mediation fees unless otherwise agreed. If parties are unable to settle and mediation meetings completed in less than two hours, parties have no obligation to pay mediator's fee. If meetings take more than two hours, fees for first two hours are covered by public treasury, and parties pay remaining fees equally unless agreed otherwise. In both scenarios, fees are considered court expenses. The fee structure provides incentive for efficient mediation. Private mediation through institutions like ISTAC charges fees based on case complexity and mediator expertise. The cost savings compared to litigation are significant, with mandatory mediation expected to process approximately 250,000 commercial disputes per year.

States and Regions