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Mediation

Mediation areas

0106
What is mediation?

Mediation, as regulated by Law No. 6325 on Mediation in Civil Disputes, is a method of resolution used in private-law disputes over which the parties may freely dispose, in which an impartial and independent mediator brings the parties together and facilitates communication between them. The mediator does not decide; the parties themselves produce the solution.

Mediation is a process in which the parties to a dispute seek a solution through discussions, accompanied by an impartial and independent mediator, within the framework of the principles of voluntariness, equality and confidentiality. As in court, no decision is made finding one party right and the other wrong; the parties together determine a solution that suits their own needs.

Disputes involving allegations of domestic violence, and matters over which the parties cannot freely dispose, are not suitable for mediation. Conciliation in criminal procedure (uzlaştırma) is a separate institution from civil mediation and is regulated by the Code of Criminal Procedure No. 5271.

The mediator

The mediator is an impartial and independent third person registered in the register of mediators kept by the Mediation Department of the Ministry of Justice. The mediator does not decide on behalf of the parties; the mediator conducts the discussions and helps the parties find their own solution.

The task of the mediator is not to decide the dispute, as an arbitrator or a judge does, but to enable the parties to listen to one another, explain their claims and assess the options. The mediator may hold joint or separate meetings with the parties; information shared by one party in a separate meeting is not disclosed to the other without that party’s permission.

For certain areas of dispute, specialisation registers are also kept, in which mediators who have completed specialist training are recorded; the area of specialisation may be taken into account when a mediator is appointed in disputes of that type. The mediator’s fee is determined according to the Minimum Mediation Fee Tariff.

Mandatory pre-litigation mediation

In disputes that the law designates as subject to mandatory mediation, an application is made to a mediator before a lawsuit is filed. Having applied is a precondition for bringing an action in the following disputes:

  1. (001)Actions concerning employee or employer receivables and compensation, and actions seeking reinstatementLabour Courts Law No. 7036, Art. 3
  2. (002)Commercial actions for receivables and compensation whose subject is the payment of a sum of moneyTurkish Commercial Code No. 6102, Art. 5/A
  3. (003)A significant proportion of the disputes falling within the jurisdiction of the consumer courtsLaw No. 6502 on Consumer Protection, Art. 73/A
  4. (004)Disputes arising from lease relationships, the partition of jointly owned property, and disputes arising from condominium ownership and neighbour rightsLaw No. 6325 on Mediation in Civil Disputes, Art. 18/B

That the application is mandatory does not create an obligation to reach an agreement. If no agreement is reached, final minutes are drawn up; these are attached to the statement of claim and recourse to litigation is available. An action filed without the precondition having been fulfilled is dismissed on procedural grounds.

A party who, without a valid excuse, does not attend the first meeting in mandatory mediation is held liable for the whole of the litigation costs in a lawsuit filed afterwards, even if that party prevails. An application to a mediator suspends limitation periods and forfeiture periods to the extent provided by law. Whether a dispute is subject to the mandatory precondition, and any exceptions, must be assessed separately for each specific case.

Voluntary mediation

In disputes where mediation is not a precondition, the parties may also agree to apply to a mediator before a lawsuit is filed or while it is pending.

In voluntary mediation, the application rests on a joint choice; one party may make a proposal and, if the other accepts, a mediator is chosen jointly. Disputes concerning contracts, receivables and pecuniary compensation, partnership relations, and agreements on the division of an inheritance and on the financial consequences of divorce may be considered within this scope.

The whole of the dispute or only a specific part of it may be made the subject of the discussions. If no agreement is reached, the parties’ right to bring an action is reserved.

Mediation areas

The procedure applied in mediation is determined according to the capacity of the parties, the subject of the claim and the provisions of special laws. Each of the areas below has a separate page with information on its scope, legislation and process.

  1. (001)Banking and Finance LawThe mediation framework for credit, account, card and security disputes between banks and financial institutions and their customers.MANDATORY · VOLUNTARY
  2. (002)Insurance LawThe mediation framework for disputes arising from insurance contracts, compulsory insurance and loss claims.MANDATORY · VOLUNTARY
  3. (003)Construction LawThe mediation framework for disputes arising from construction agreements in exchange for land share, contracts for work and subcontracting agreements, and condominium relationships.MANDATORY · VOLUNTARY
  4. (004)Employee–Employer DisputesHow mandatory pre-litigation mediation works in disputes arising from the termination of the employment contract and from employment receivables.MANDATORY
  5. (005)Commercial DisputesHow mandatory pre-litigation mediation works in receivable, compensation and contractual disputes between merchants.MANDATORY
  6. (006)Lease DisputesHow mandatory pre-litigation mediation works in disputes arising from residential and business premises lease relationships.MANDATORY
  7. (007)Other Disputes Subject to Voluntary MediationVoluntary mediation in private law disputes that fall outside the scope of mandatory pre-litigation mediation and over which the parties may freely dispose.VOLUNTARY
Process

How does the process work?

  1. 01

    Application

    In mandatory mediation, the application is made to the mediation bureau at the seat of the competent court.

  2. 02

    Appointment

    The mediator is appointed from the list by the bureau; the parties may also agree jointly on a mediator.

  3. 03

    Meetings

    The mediator invites the parties to joint or separate meetings. In mandatory mediation, the process is concluded within three weeks; where necessary, the period may be extended by one week.

  4. 04

    Outcome

    The process ends with an agreement, a failure to agree, or withdrawal of the application.

  5. 05

    Final minutes

    At the end of the process, final minutes are drawn up; where an agreement is reached, a settlement agreement is signed. If no agreement is reached, the final minutes are attached to the statement of claim.

Role of the office

The office acts as legal representative of a party in mediation proceedings. [If the office also acts as mediator, this paragraph will be completed together with Att. Aydın Yaman.] Impartiality and independence are essential in proceedings conducted as mediator; in a dispute in which the office acts as mediator, it does not take on the representation of either party.

Bar
Istanbul Bar Association
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Bakırköy / Istanbul
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