Mediation In
Nilüfer, Bursa

State Laws

Mediation in Bursa is governed by Law No. 6325 on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu), enacted in 2012 and applied uniformly across Turkey. Bursa has no separate provincial mediation legislation; the Ministry of Justice administers mediation through bureaux (arabuluculuk bürosu) attached to courthouses. The framework covers both voluntary mediation and mandatory mediation (dava şartı arabuluculuk) required before certain categories of lawsuit. The Regulation on Mediation in Civil Disputes of 2013 sets out procedure and mediator standards.

Court-Mandated Programs

Mandatory mediation applies in Bursa to labour disputes under Labour Courts Law No. 7036, commercial claims involving money, compensation, negative declaratory or restitution claims under Article 5/A of the Turkish Commercial Code (introduced by Law No. 7155), consumer disputes, and - since 1 September 2023 under Article 18/B inserted by Law No. 7445 - tenancy, partition and dissolution of co-ownership, condominium, neighbour-rights and agricultural production contract disputes. Parties must apply to the mediation bureau at the courthouse before filing; suits lodged without this step are dismissed on procedural grounds. Under Law No. 7531, a party who fails to attend the first meeting without excuse bears half of litigation costs and attorney fees regardless of the outcome. Family mediation remains voluntary; a Ministry of Justice family mediation bill was still a proposal as of October 2026.

Licensing Requirements

Mediators in Bursa must be entered in the mediator registry (Arabulucu Sicili) maintained by the Ministry of Justice. Registration requires a law degree, at least five years of professional legal experience, completion of an accredited mediation training programme and success in written and practical examinations. No additional provincial licensing applies.

Local Court Systems

Bursa is served by civil courts of first instance (asliye hukuk) and peace courts (sulh hukuk), with specialised family, labour, commercial and consumer courts where caseload warrants, all under the regional courts of appeal (istinaf). Mediation applications are lodged with the mediation bureau at the local courthouse, and judges may also refer pending cases to voluntary mediation.

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 categorised 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. The Constitutional Court decision dated 14 March 2024 (2023/160 E., 2024/77 K.) annulled Article 18/A of Law No. 6325 which imposed sanctions for non-attendance at first mediation meeting. This is a judicial decision, not legislative change. Law No. 7531 (the 9th Judicial Package) published 14 November 2024 introduced a new provision replacing the annulled article: the party failing to attend the first meeting is liable for half of litigation costs and half of attorney fees, regardless of lawsuit outcome. Law No. 7589 (the 12th Judicial Package), published in Resmî Gazete No. 33326 and in force from 31 July 2026, amends 13 statutes to accelerate judicial proceedings; it does not expand the scope of mandatory mediation. The Ministry of Justice has announced a separate family mediation bill, which remained a proposal as of October 2026.

While Turkey operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

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.