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Practice area

Mediation

Mediation is a method that lets the parties resolve a dispute by their own will with the help of an independent and impartial mediator. In some disputes, applying to a mediator before filing a lawsuit is mandatory by law; in others, the parties may choose mediation if they wish. Our founding attorneys also work as mediators. The process can be conducted in our office in Küçükçekmece through in-person or online meetings.

What we handle in this area

  • Mandatory mediation: Mediation processes required before filing a lawsuit in employment, commercial, consumer, rent, co-ownership, condominium and neighbor disputes.
  • Voluntary mediation: Any private law dispute over which the parties can freely dispose, where they apply of their own accord.
  • Legal representation in mediation: Preparing for and attending mediation sessions as the legal representative of one of the parties.
  • Drafting the settlement agreement: Preparing the agreement text, which has the force of a court judgment.

In a dispute where we act as the mediator, we do not act as a lawyer for either party, in order to remain impartial; in processes where we attend as a representative, another mediator conducts the mediation.

How does the process work?

1. Application. In mediation required before filing a lawsuit, the application is made to the mediation bureau of the courthouse in the place where the other party or parties are located, and the bureau appoints the mediator. In voluntary mediation, the parties choose the mediator together.

2. Meetings. The mediator informs the parties about the process, confidentiality and fees; options are discussed in joint and separate sessions. Meetings can be held in person or online.

3. Duration. In employment and rent disputes, the mediator concludes the process within three weeks from the date of appointment; this period can be extended by up to one week in necessary cases. In commercial disputes the period is six weeks, with an extension of up to two weeks (Law No. 6325, Arts. 18/A, 18/B).

4. Final report. The process ends with an agreement, a failure to agree or the application being left without result, and a final report is drawn up. If no agreement is reached, the parties may go to court.

Frequently asked questions

In which disputes is mediation mandatory?

The main examples are employee and employer receivables and compensation and reinstatement claims (Law No. 7036, Art. 3), commercial cases concerning the payment of a sum of money (Turkish Commercial Code, Art. 5/A), certain consumer disputes (Law No. 6502, Art. 73/A), and rent, dissolution of co-ownership, condominium and neighbor disputes (Law No. 6325, Art. 18/B).

Is an agreement reached in mediation binding?

Yes. The settlement agreement signed jointly by the parties, their lawyers and the mediator is treated as a document with the force of a court judgment, without needing an enforceability annotation (Law No. 6325, Art. 18).

Can what I say in a mediation session be used against me in court?

No. The mediation process is confidential; proposals and statements made by the parties during the sessions cannot be used as evidence in a lawsuit filed later (Law No. 6325, Arts. 4 and 5).

Who pays the mediation fee?

The fee is determined according to the Mediation Minimum Fee Tariff and, as a rule, is paid equally by the parties. If the parties cannot agree in mediation that is a condition for filing a lawsuit, the fee for the first two hours is covered by the budget of the Ministry of Justice (Law No. 6325, Art. 18/A). For current amounts, see our article on mediation fees (in Turkish).

Sources
  1. Law No. 6325 on Mediation in Civil Disputes, Arts. 4, 5, 18, 18/A, 18/B
  2. Labor Courts Law No. 7036, Art. 3
  3. Turkish Commercial Code No. 6102, Art. 5/A
  4. Consumer Protection Law No. 6502, Art. 73/A
  5. Legislation (in Turkish): mevzuat.gov.tr

This page is for general information only and does not constitute legal advice or opinion. Last reviewed: .

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Founding attorneys

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