Last updated: 19 July 2026
What Is a Mediation Application?
Mediation is a structured process in which an independent and impartial mediator helps the parties communicate, identify the disputed issues and explore a voluntary settlement. The mediator does not act as a judge, decide who is right or impose a solution. The content of any settlement is determined by the parties themselves.
People looking for an Antalya lawyer or a Serik lawyer should first determine whether mediation is voluntary or legally required before litigation. The application route, appointment method and effect on legal deadlines may depend on this classification.
Voluntary and Mandatory Mediation
In voluntary mediation, the parties choose to use mediation even though the law does not make it a condition for filing a lawsuit. A party may propose mediation before or during litigation, and the other party remains free to accept or refuse the process.
In mandatory pre-litigation mediation, applying to a mediator is a procedural condition before filing specified lawsuits. The application is mandatory, but reaching a settlement is not. A party remains free to reject an offer and proceed to court after the final non-settlement report is issued.
The main categories are explained in which cases require mandatory mediation.
Where Is the Application Made?
For mandatory mediation, the application is made to the mediation bureau at the courthouse where the court with territorial jurisdiction over the dispute is located. Where no mediation bureau has been established, the registry office of the civil court of peace designated to perform that function receives the application.
The competent place should be assessed using the rules applicable to the future lawsuit. The defendant’s residence, contractual place of performance, location of immovable property or a special jurisdiction rule may be relevant. If the other party challenges the bureau’s authority at the first meeting, the issue may be referred to the civil court of peace under the statutory procedure.
Can One Party Apply Alone?
Yes. The applicant does not need the other party’s prior signature or consent to open a mandatory mediation file. The bureau and appointed mediator use the available identity, address and contact information to notify the other party and invite them to the first meeting.
In voluntary mediation, the parties may jointly select a registered mediator, or one party may contact a mediator and request that an invitation be sent. The opposing party’s participation remains voluntary.
Information Required for the Application
| Information or document | Purpose | Practical point |
|---|---|---|
| Applicant details | Name, identity or tax number, address and contact details | Information should match official records. |
| Other party’s details | Name or company name and all known contact information | Provide the latest known address, telephone and email where available. |
| Subject of the dispute | Short description of the legal relationship and disagreement | The description should be specific enough to define the mediation file. |
| Claims and amounts | Principal, compensation, interest or other requested result | Separate disputed amounts and explain the calculation. |
| Supporting records | Contract, invoice, payment, notice or other key document | Not every document must be filed with the bureau, but the mediator should understand the dispute. |
| Jurisdiction information | Reason the selected mediation bureau is competent | Include residence, performance place or other relevant connection. |
How Is a Mediator Appointed?
In mandatory mediation, the bureau appoints a mediator from the official register. If the parties agree on a mediator who is registered on the relevant list, that mediator may be assigned. The mediator must remain independent and disclose circumstances that may raise reasonable doubt about impartiality.
The mediator receives the parties’ available contact information from the bureau, informs them about the appointment and invites them to the first meeting through appropriate communication methods. The invitation and information steps are documented.
Is There an Application Fee?
No application fee is charged merely for submitting a mandatory mediation request to the bureau. Mediator fees and necessary expenses are governed by the Mediation Minimum Fee Tariff and the statutory outcome of the process. Where no settlement is reached, the public-budget contribution and any additional fee allocation depend on the duration and applicable rules.
In voluntary mediation, the parties and mediator should clarify the fee and allocation before substantive meetings begin. The current annual tariff should be checked rather than relying on an amount from a previous year.
How Long Does the Process Take?
Under the general mandatory-mediation rule, the mediator should conclude the application within three weeks from appointment and may extend the period by no more than one additional week where necessary. Commercial disputes involving payment of money or compensation are subject to the special period in the Turkish Commercial Code: six weeks, extendable by no more than two weeks.
Other special statutes may contain different periods. Parties should not assume that every mediation file follows the same timetable.
Effect on Limitation and Strict Time Bars
From the application to the mediation bureau until the final report is issued, limitation periods are suspended and strict time bars do not run under the statutory mandatory-mediation rule. The exact application date and final-report date should be preserved because they may be important when a lawsuit is filed.
Mediation should still not be left until the final day. Disputes involving interim injunctions, precautionary attachment or urgent protection may require separate and immediate court action.
How Does the Process End?
The mediation ends if the parties settle, fail to settle, cannot be reached or a meeting cannot be held. The mediator prepares a final report. In a mandatory-mediation case that does not settle, the final report is required for the later lawsuit.
If the parties settle, the agreement should clearly state the obligations, amounts, dates, payment method, security, costs and consequences of default. Depending on who signs it and the subject of the dispute, the agreement may qualify as an enforceable instrument or may require an enforceability annotation from the competent court.
Meeting preparation is explained in how to prepare for a mediation meeting.
Frequently Asked Questions
Can I make a mediation application without the other party?
Yes. A mandatory-mediation file may be opened by one party. The mediator then contacts and invites the other party.
What if I do not know the other party’s current address?
Provide all identity and contact information available to you. The bureau may research official records, but incomplete identification can delay the process.
Can a lawyer attend the mediation meeting?
Yes. A party may attend personally or through a lawyer where the power of attorney contains the required special authority for mediation and settlement.
Does applying mean that I accept the other party’s claim?
No. An application is not an admission of liability and does not require acceptance of any settlement proposal.
Can a lawsuit be filed while mediation is continuing?
Where mediation is a condition of action, the lawsuit should generally wait for the final report. Urgent interim protection and special situations require separate assessment.
What happens if a mediation agreement is not performed?
The enforcement route depends on the signatures, wording and whether an enforceability annotation is legally required. The agreement should be reviewed before enforcement begins.
Planning the Application Around the Actual Dispute
A correct mediation application identifies the parties, competent bureau, claims, time limits and realistic settlement options. Attorney Selin ÖNEM KONUR, through Likya Legal Consultancy, can assess whether mediation is mandatory and prepare the application and negotiation strategy for the individual dispute. For support, contact us.
This article provides general information about mediation under Turkish law. The competent bureau, mandatory scope, special periods and enforceability requirements must be assessed for the specific dispute.
