In commercial cases concerning receivables and compensation claims whose subject matter is the payment of a sum of money, having applied to a mediator before bringing the action is a precondition for bringing the action. This rule is set out in Art. 5/A of the Turkish Commercial Code No. 6102; the procedure is governed by Art. 18/A of Law No. 6325 on Mediation in Civil Disputes.

Where is the application made?

The application is made to the mediation office in the place of domicile of the opposing party or of one of the parties, or in the place where the court with jurisdiction over the dispute is located. The mediator is appointed from the office’s list; if the parties agree on another mediator entered in the registry, that person is appointed.

Time limits

• The mediator concludes the process within six weeks of the application reaching them.
• In cases of necessity, the mediator may extend this period by a maximum of two weeks.
• From the application to the mediator until the date on which the final minutes are drawn up, the limitation period is suspended and preclusive periods do not run.

Consequence of not attending the first meeting

If one of the parties fails to attend the first meeting without a valid excuse, this is recorded in the final minutes. The non-attending party is held liable for all of the litigation costs, even if it is wholly or partly successful in the action, and no attorney’s fee is awarded in its favour.

If no agreement is reached

The original of the final minutes, or a copy certified by the mediator, is attached to the statement of claim. If it emerges that the action was brought without any application to a mediator, the action is dismissed on procedural grounds for lack of a precondition for bringing the action.

If an agreement is reached, the settlement agreement signed jointly by the parties, their attorneys and the mediator is deemed a document having the force of a court judgment, without the need for an annotation of enforceability.