Mediation

Mediation refers to a process in which the parties in dispute meet under the guidance of a neutral mediator to reach a mutual agreement and generate their own solutions.

Although mediation is generally considered one of the most effective methods for conflict resolution, management, and prevention, its primary objective is not merely to reduce the workload of courts, but rather to overcome the communication breakdown between parties with the help of professionally trained mediators.

The law defines mediation as “a voluntary dispute resolution method conducted by a neutral and independent third party with professional training, who facilitates communication between the parties through systematic techniques, bringing them together to negotiate and helping them understand each other in order to create their own solution.”

In which cases do we recommend mediation?

• When parties seek a quick resolution,
• When they prefer to avoid litigation costs and resolve the dispute in a suitable manner,
• When sensitive information, such as commercial or family-related matters, must remain confidential,
• When underlying or multiple intertwined disputes exist beyond the visible issue,
• When litigation and attorney expenses are high,
• When the case involves technical complexity requiring expert knowledge,
• When the parties wish to reach an amicable settlement,
• When they want to keep the dispute confidential.

What is Mandatory Mediation?

In the Turkish legal system, mediation is a precondition for filing a lawsuit in certain types of disputes.

These include cases in labor law, commercial law, consumer law, termination of partnerships, rental disputes, agricultural production claims, and insurance law.

Before initiating a lawsuit, the parties must present either the original final mediation report indicating that no agreement was reached, or a certified copy prepared by the mediator.

What is Voluntary Mediation?

Voluntary mediation is regulated under Article 1 of the Mediation Law. It applies to private legal disputes (including those involving foreign elements) arising from matters over which the parties may freely dispose.

This regulation excludes criminal and administrative law from the scope of voluntary mediation. Only civil/private law disputes are covered.

To initiate voluntary mediation, it must first be determined whether the dispute falls within the scope of private law. Secondly, it must be assessed whether the matter involves rights that the parties are legally allowed to dispose of.