Last updated: 19 July 2026
What Does Mandatory Mediation Mean?
Mandatory mediation means that the claimant must apply to a mediator before filing a lawsuit in a category identified by law. It is a condition of action, not an obligation to settle. The parties must have access to the process, but they remain free to reject proposals and continue to court after a final non-settlement report is prepared.
People seeking an Antalya lawyer or a Serik lawyer should classify the exact legal relationship and requested relief before filing. A broad description such as “commercial dispute” or “property case” is not always sufficient to determine whether mediation is mandatory.
Employment Disputes
Claims and compensation arising from an individual or collective employment agreement, and reinstatement claims, are generally subject to mandatory mediation before litigation. Examples include unpaid wages, overtime, annual-leave pay, notice compensation, severance compensation and reinstatement.
Work accidents and occupational-disease claims for material or non-material damages, and related recourse actions, are treated differently under the Labour Courts Act. The exact cause of action should therefore be identified before applying.
Commercial Disputes
Commercial lawsuits involving a claim for payment of a sum of money or compensation generally require a mediation application before court proceedings. The commercial character of the dispute may arise from the parties’ status, the Turkish Commercial Code or another statute.
Not every commercial lawsuit is automatically within the mandatory scope. A claim concerning corporate status, cancellation of a general assembly resolution or another non-monetary remedy may require a separate analysis. Where mandatory commercial mediation applies, the special completion period is six weeks, extendable by up to two weeks.
Consumer Disputes
Consumer disputes to be heard by consumer courts are generally subject to mandatory mediation, subject to the statutory exceptions. Claims falling within the monetary jurisdiction of consumer arbitral committees, objections to committee decisions and other specifically excluded proceedings follow their own routes.
The current monetary threshold and the consumer transaction’s nature should be checked before deciding whether to apply to a consumer arbitral committee, mediation bureau or consumer court.
Lease and Property-Related Disputes
Disputes arising from lease relationships are generally subject to mandatory mediation before a lawsuit. The statutory exception concerns eviction of leased immovable property through the non-judicial enforcement route under the Enforcement and Bankruptcy Law.
Mandatory mediation also applies to disputes concerning division of movable and immovable property and dissolution of co-ownership, disputes arising from condominium ownership and neighbour-law disputes. Settlement agreements involving immovable property require compliance with special form, registration and enforceability requirements.
Mandatory Mediation Overview
| Dispute category | Typical examples | Important qualification |
|---|---|---|
| Employment | Wages, overtime, severance, notice compensation and reinstatement | Work-accident and occupational-disease damages are treated separately. |
| Commercial payment claims | Invoice debt, contractual payment and commercial compensation | The claim must fall within the statutory commercial and monetary scope. |
| Consumer | Defective goods, services, banking or subscription disputes | Consumer arbitral committee jurisdiction and statutory exceptions must be checked. |
| Lease | Rent, deposit, damages, termination and court-based eviction claims | Non-judicial eviction through enforcement is a statutory exception. |
| Co-ownership | Partition and dissolution of joint or shared ownership | Immovable settlements require special legal review. |
| Condominium and neighbours | Common expenses, use of common areas and neighbour interference | The exact legal basis and requested remedy remain decisive. |
Which Disputes Are Not Suitable for Mediation?
Mediation applies only to private-law matters over which the parties may freely dispose. Criminal prosecution, civil-registry status, legal capacity and similar matters controlled by public order cannot be settled through civil mediation. A divorce judgment and child custody cannot be created merely by a private mediation agreement.
Disputes involving allegations of domestic violence are outside the scope of mediation under the Mediation in Civil Disputes Act. Protective measures should be sought through the competent authorities without treating mediation as a prerequisite.
Is Mandatory Mediation Required Before a Divorce Case?
No. The court must decide the dissolution of marriage, and custody is determined according to the child’s best interests. Spouses may negotiate certain financial consequences within lawful limits, but this does not replace the required family-court process.
What Happens If the Claimant Does Not Apply?
If the court determines that a lawsuit was filed without first completing mandatory mediation, it dismisses the case procedurally because the condition of action is absent. Where mediation was completed but the final non-settlement report was not attached, the court grants a definite one-week period to submit the report. Failure to comply results in procedural dismissal.
The application method is explained in how to apply for mediation. The final report and filing date should be preserved with the statement of claim.
Does Mediation Affect Limitation Periods?
During the period from application to the mediation bureau until the final report is issued, limitation periods are suspended and strict time bars do not run under the mandatory-mediation provisions. The precise dates should be recorded because the remaining period resumes after the process ends.
Are the Parties Required to Reach an Agreement?
No. The obligation concerns the application and participation in the statutory procedure, not acceptance of a proposal. The mediator cannot force a party to waive a right, accept a payment amount or sign a document.
However, parties should attend prepared and understand the legal and financial consequences of any proposed settlement. See how to prepare for a mediation meeting.
Frequently Asked Questions
Is mediation mandatory before a divorce lawsuit?
No. Divorce, custody and status matters require a court decision and are not replaced by mandatory civil mediation.
Is mediation required before a lease eviction lawsuit?
Generally yes for court-based lease disputes. Eviction through the specific non-judicial enforcement procedure is a statutory exception.
Is mediation mandatory before an action to cancel an objection to enforcement?
It depends on the underlying legal relationship. If the debt arises from an employment, commercial, consumer or other covered dispute, mandatory mediation may apply.
Is mediation required before dissolution of co-ownership?
Yes. Disputes concerning division of property and dissolution of co-ownership are within the mandatory scope.
Does the application stop limitation periods?
The limitation period is suspended and strict time bars do not run from the bureau application until the final report under the statutory rule.
Can we file a lawsuit if no settlement is reached?
Yes. The mediator issues a final non-settlement report, which is used when filing the lawsuit.
Does the other party have to accept my offer?
No. Settlement remains voluntary even where the application itself is mandatory.
Classifying the Claim Before Filing
Mandatory mediation depends on the legal relationship and requested relief, not merely the title of the case. Attorney Selin ÖNEM KONUR, through Likya Legal Consultancy, can assess whether mediation is a condition of action and prepare the next procedural step for the individual dispute. For a scope review, contact us.
This article provides general information about mandatory mediation under Turkish law. Statutory exceptions, annual thresholds and the precise claim should be checked before filing.
