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Ece Nihan Günen

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How Mandatory Mediation Works for Commercial Disputes in Turkey (2026)

By Global Law Experts

– posted 1 hour ago

Mandatory mediation turkey is now the compulsory first step before most commercial lawsuits can be filed, and yes, for the majority of commercial disputes in Turkey, mediation is a mandatory pre-action requirement under Law No. 6325 (Arabuluculuk Kanunu) as applied to commercial disputes through Article 5/A of the Turkish Commercial Code (Law No. 6102). If you skip it, the court will refuse to hear your claim. This 2026 guide explains, in plain English for foreign investors, in-house counsel, exporters and SMEs, exactly when mediation is required, which disputes fall inside the regime, the deadlines you must meet, the mediator fee tariff, the sanctions for non-attendance, and how to turn a mediated settlement into an enforceable instrument.

Read it before you draft a single pleading.

Who this is for: in-house counsel, foreign investors, exporters, SMEs and litigators who need to comply with Turkey’s pre-action mediation regime in commercial disputes. What you’ll learn: whether mediation is compulsory, which disputes are covered in 2026, precise timelines and sanctions, mediator fees, and how to make mediated settlements enforceable.

Introduction, what “mandatory mediation” means in Turkey (quick answer)

Mandatory mediation (zorunlu arabuluculuk) is a statutory pre-condition to litigation. Before you can lawfully commence certain commercial actions, you must first apply for and attempt mediation through an accredited mediator. The legal architecture comes from instruments working together: Law No. 6325 on Mediation in Civil Disputes (Arabuluculuk Kanunu), which governs the mediation process itself; the Turkish Commercial Code (Law No. 6102), whose Article 5/A makes mediation a pre-action condition for commercial monetary and compensation claims; and Law No. 6100, the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu), which governs how and when a lawsuit may be filed once mediation has been attempted.

The short answer to the most common question, is mediation mandatory before filing a commercial lawsuit in Turkey?, is a clear yes for the great majority of commercial claims, particularly those seeking a sum of money or compensation. Attempting mediation is a “cause of action condition” (dava şartı): if you file without the mandatory mediation minute (son tutanak) showing you tried, the court will dismiss the case on procedural grounds without examining its merits. Because the mediator fee tariff is published and updated periodically by the Ministry of Justice, it is important to understand the cost mechanics before you begin.

Is mediation mandatory?, legal basis, scope and recent 2026 changes

The obligation to use mandatory mediation turkey is not discretionary for the disputes it covers. It is a threshold that the court checks of its own motion. Understanding the interplay between the mediation statute, the Commercial Code and the procedural code is essential to compliance.

Law No. 6325, key provisions

Law No. 6325 (Arabuluculuk Kanunu) establishes the framework for mediation in civil disputes in Turkey. It defines mediation, sets out the principles of voluntariness within the process, confidentiality, and the impartiality of the mediator, and it creates the regime of accredited mediators maintained by the Ministry of Justice (Adalet Bakanlığı) through its Department of Mediation. The law also governs the legal effect of settlement documents produced through mediation, including their status as enforceable instruments. The designation of specific commercial disputes as subject to mandatory mediation is made through Article 5/A of the Turkish Commercial Code (Law No.

6102), which provides that claims for a sum of money or compensation arising from commercial matters are subject to mediation as a cause-of-action condition.

How the Code of Civil Procedure interacts

Law No. 6100, the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu), supplies the litigation mechanics. Once the mandatory mediation stage concludes without full settlement, the claimant may file a commercial action, and the procedural code determines jurisdiction, competent courts, evidence and the general conduct of proceedings. The statutes are read together: the mediation and commercial statutes tell you that you must mediate first, and the procedural framework tells you that the court will treat the absence of a mediation minute as a fatal procedural defect.

In practice, the mediation closing minute (or a certified copy) must be attached to the statement of claim (dava dilekçesi) as proof that the pre-action requirement has been satisfied; failing to attach it can lead the court to grant a short period to remedy the defect before dismissal.

2026 changes summary

The mediator fee tariff (Arabuluculuk Asgari Ücret Tarifesi) is updated periodically by the Ministry of Justice, changing the amounts parties advance and share for mediation sessions and successful settlements. The scope of disputes subject to mandatory mediation has also been progressively broadened in recent years across commercial, employment, consumer and certain rental matters. Practitioners should verify the current tariff and scope directly against the Ministry of Justice mediation portal and the consolidated statutory text before relying on any figure, because these are precisely the details that change from year to year.

Which commercial disputes are subject to mandatory mediation (2026 list)

The core rule for commercial mediation turkey is straightforward: commercial disputes that involve a claim for a sum of money or compensation are, as a rule, subject to mandatory mediation before litigation under Article 5/A of the Turkish Commercial Code. This captures a broad swathe of everyday business conflict. The table below sets out the main categories that typically fall within the mandatory mediation commercial disputes regime, alongside common statutory exceptions.

Typically subject to mandatory mediation	Typically excluded / handled differently
Commercial contract disputes (supply, services, framework agreements)	Criminal matters
Sale of goods and trade receivables	Family law matters (save specific carve-outs)
Banking and finance monetary claims	Matters requiring urgent interim injunctions (ihtiyati tedbir/haciz), the injunction itself is not blocked
Agency and distribution disputes	Disputes over rights that parties cannot freely dispose of
Certain commercial lease (kira) disputes now within the mediation regime	Bankruptcy/insolvency proceedings governed by their own regime
Compensation claims arising from commercial relationships	Enforcement (icra) proceedings themselves
Company and shareholder monetary claims	Non-contentious/registry matters

Note that in addition to commercial disputes, mediation has been made mandatory for many employment, consumer and certain rental/immovable-property disputes under successive legislative reforms. This guide focuses on the commercial category.

Examples and borderline cases

Consider a Turkish distributor and a foreign manufacturer arguing over unpaid invoices and a termination indemnity. Because the claim is for money and compensation arising from a commercial relationship, the parties must apply for mandatory mediation before either can sue. By contrast, a party that urgently needs an interim attachment to preserve assets can seek that injunctive relief from the court immediately; the need to mediate does not freeze urgent protective measures. Borderline cases arise where a claim mixes a monetary demand with a request for a declaratory judgment, practitioners should assume the monetary element triggers the obligation and structure the mediation application accordingly.

When parties can opt out by agreement

Parties cannot contractually waive a cause-of-action mediation requirement where the statute imposes it, the obligation exists to serve the public interest in reducing court caseloads and is checked by the court on its own initiative. What parties can do is agree to mediate voluntarily on matters not otherwise mandated, or agree contractually to a dispute-resolution sequence (for example, structured negotiation followed by mediation) that complements the statutory regime. Where the dispute is genuinely outside the mandatory scope, mediation remains an optional but often advantageous route.

Who may initiate mediation and how to apply, step-by-step procedure

The mediation application procedure begins with an application, not a court filing. Either party to the dispute may initiate the process. The application is made to the mediation office (arabuluculuk bürosu) attached to the relevant courthouse, or, where no such office exists, to a court designated to perform that role. The office assigns an accredited mediator from the official roster, or confirms a mediator the parties have jointly chosen.

Sample mediation application checklist

Identify the correct forum. Apply to the mediation office at the courthouse that would have territorial jurisdiction over the eventual lawsuit.
Prepare party details. Full legal names, tax/identity numbers, registered addresses and authorised representatives for each party.
Describe the dispute. A short statement of the claim, the amount in dispute and the legal relationship it arises from.
Attach supporting documents. The contract, invoices, correspondence and any evidence establishing the commercial relationship and quantum.
Confirm authority to settle. Ensure the attending representative holds an authority document (vekâletname or corporate authorisation) permitting them to negotiate and conclude a settlement.
Be ready for the fee mechanics. Understand how the mediator’s fee is advanced and shared under the current tariff.

Forms and where to file

Standard application forms and the roster of accredited mediators are published through the Ministry of Justice mediation portal (arabuluculuk.adalet.gov.tr). Once the application is lodged, the office assigns a mediator, typically within a short window, and the mediator contacts the parties to schedule the first session. Service of invitations to the session may be effected by the mediator through the contact details supplied, including electronic channels where appropriate. Foreign parties should ensure a Turkish-qualified representative is engaged early, because language and authority-of-representation issues are the most common causes of procedural delay.

Timeline, deadlines and procedural milestones

Speed is one of the defining features of mandatory mediation turkey. The regime is deliberately time-boxed so that disputes do not stall indefinitely at the pre-action stage. The procedural clock begins when the mediator is appointed.

Appointment of mediator. Following a valid application, the mediation office assigns a mediator promptly, generally within days.
First session. The mediator convenes the parties for the opening session, at which the dispute is framed and the parties confirm their willingness to engage.
Core duration. For commercial disputes the mediator is required to conclude the process within the statutory period set by Law No. 6325 for that category, a matter of weeks from appointment.
Extension. This period may be extended by the mediator by a limited further duration in cases of necessity, as permitted by the statute.
Closing minute. The mediator prepares the final minute (son tutanak) recording either a settlement, a partial settlement, or a failure to agree. This document is the gateway to litigation if the matter does not settle.

To illustrate the difference in practice, a straightforward two-party trade-receivables dispute may be resolved in a single session and closed within a short time of appointment. A complex, multi-party distribution and indemnity dispute involving foreign entities, translated documents and internal approval chains will more often use the full statutory period and an extension before the mediator issues the closing minute. In both scenarios, the essential deadline discipline is the same: obtain and retain the closing minute, because without it a subsequent lawsuit is procedurally barred. Note also that the mediation period generally suspends the running of statutory limitation and prescription periods for the duration of the process.

Costs and fees, 2026 mediator fee tariff explained

Understanding the costs mandatory mediation imposes is central to litigation budgeting. Mediator remuneration is governed by the official Mediation Minimum Fee Tariff (Arabuluculuk Asgari Ücret Tarifesi) published by the Ministry of Justice, which is updated periodically, including for 2026. The tariff operates on a tiered basis and distinguishes between processes that end without agreement and those that produce a settlement, where the fee is generally calculated as a percentage of the disputed or agreed amount, subject to minimum floors and descending tiered rates.

Scenario	How the fee is determined (2026 tariff basis)	Who bears it (default)
No agreement reached	Fixed amount per the tariff schedule (based on time/sessions worked), at the applicable minimum	Where mediation is a cause-of-action condition, generally covered from the state budget for the initial fixed portion where the process ends without agreement, subject to later allocation as litigation costs
Settlement reached	Percentage of the settled sum, applied on a descending tiered scale, subject to a minimum	Shared equally between the parties unless they agree otherwise
Party fails to attend first session	Process closes; cost consequences follow in the later litigation	Non-attending party (see sanctions section)

Because the exact figures, tier thresholds and percentage bands are set by the official tariff and are revised, always confirm the precise 2026 rates against the Ministry of Justice mediation portal before quoting a client a number.

Court fee and procedural costs interplay

Mediation fees sit alongside, and can materially affect, subsequent court costs. Where mediation succeeds, the parties avoid the substantially higher litigation fees, the extended proceedings and the appeal exposure that a full commercial action entails. Where it fails and the matter proceeds, the conduct of the parties during mediation can influence how the court later allocates costs.

Sanctions for non-attendance

The procedural rules are designed to discourage gaming the system. Under Law No. 6325, a party that fails to attend the first mediation session without a valid excuse, where the process then ends without agreement, may be held responsible for the whole of the mediation cost and may be denied a favourable share of the litigation costs even if that party ultimately succeeds on the merits. This is a deliberate incentive structure encouraging genuine engagement rather than box-ticking.

Failure to attend, bad-faith conduct and sanctions

Sanctions for failure to attend mediation are among the sharpest tools in the regime, and they are the reason no party should treat the process as a formality. The starting point is procedural: if a claimant files a lawsuit without having attempted the mandatory mediation, the court will reject the case as failing a cause-of-action condition, without addressing the merits. The claimant must then complete mediation and refile, losing time and, potentially, tactical advantage.

Where a party is invited to a validly convened mediation but fails to attend the first session without a legitimate excuse, and the mediation then ends without agreement, that party may under Law No. 6325 be held liable for the entire mediation cost and may be denied a favourable costs order in the litigation, regardless of the outcome. The Court of Cassation (Yargıtay) has reinforced the seriousness of the cause-of-action requirement, treating the mediation minute as an indispensable procedural document. The practical lesson for foreign parties is unambiguous: attend, send a representative with authority to settle, and document any genuine reason for absence contemporaneously.

Outcomes: settlement, no-agreement, and post-mediation options

Three outcomes are possible at the close of mediation. First, the parties reach a full settlement, recorded in a written agreement (anlaşma belgesi) signed by the parties, their lawyers and the mediator; this document carries significant legal weight and can be rendered directly enforceable. Second, the parties reach a partial settlement, resolving some issues while leaving others for the court. Third, the parties fail to agree, and the mediator issues a closing minute confirming that mediation was attempted without success.

Where mediation fails, the claimant may proceed to litigation, attaching the closing minute (or a certified copy) to the statement of claim. Practitioners generally move promptly to file, since the matter is often time-sensitive and delay serves no purpose once negotiation has been exhausted. Throughout the process, communications made in mediation are confidential and made without prejudice, offers and statements exchanged in the room cannot, as a rule, be produced against a party in later proceedings, which is precisely what allows parties to explore commercial compromise candidly. A prudent practice is to mark negotiation correspondence expressly as confidential and without prejudice, mirroring the statutory confidentiality that already attaches to the mediation itself.

Enforceability of mediation settlements in Turkey, procedure and court recognition

One of the strongest reasons to engage seriously with mandatory mediation turkey is that a settlement reached through it can be made enforceable in much the same way as a court judgment. The question is a mediation settlement enforceable like a court judgment in Turkey? is answered clearly by Law No. 6325: a mediation settlement agreement can carry the status of an enforceable instrument (ilam niteliğinde belge).

The mechanism to achieve this depends on how the agreement is signed:

Draft the settlement agreement. Record the agreed terms precisely, the sums, payment dates, mutual releases and any conditions, in a written agreement.
Secure the required signatures. Where the parties, their attorneys and the mediator all sign the settlement agreement, it can qualify as an enforceable instrument without a separate court step.
Obtain the enforceability annotation where needed. Where the agreement is not signed by all attorneys, the parties can apply to the competent court for an enforceability annotation (icra edilebilirlik şerhi), which confirms the document’s enforceable character.
Proceed to enforcement. With an enforceable instrument in hand, the successful party can pursue execution through the enforcement office (icra dairesi) in the manner applicable to court judgments.

The Court of Cassation (Yargıtay) has recognised and applied this framework, treating properly executed mediation settlement agreements as enforceable and giving effect to the annotation procedure. For cross-border matters, enforceability against a foreign party depends on the assets and jurisdiction involved; parties should consider applicable international instruments on the enforcement of mediated settlements alongside domestic execution, and structure the agreement with cross-border recognition in mind from the outset. Turkey signed the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) in 2019; parties should verify its current ratification status and the relevant jurisdictions before relying on it. For a deeper treatment, see our companion resource on Enforcing Mediation Settlement Agreements in Turkey (2026).

Practical compliance checklist and templates

Use the following checklist to keep a commercial matter compliant with the mandatory mediation regime from first demand to enforcement:

Screen the dispute. Confirm whether the claim is a monetary or compensation claim arising from a commercial relationship, if so, treat mediation as compulsory.
Send a pre-action mediation notice. Notify the counterparty of your intention to apply for mediation, summarising the claim and inviting engagement (a short bilingual English–Turkish notice is best practice for cross-border matters).
File the application correctly. Lodge with the mediation office of the courthouse that would have jurisdiction, with party details, dispute summary and evidence.
Confirm settlement authority. Ensure your attending representative can bind the party.
Attend the first session. Non-attendance without excuse carries cost sanctions.
Document the outcome. Retain the closing minute, it is the key to either litigation or enforcement.
On settlement, secure enforceability. Obtain all required signatures or the court annotation so the agreement is directly executable.

Comparison table, mandatory mediation vs voluntary mediation vs arbitration vs litigation

Feature	Mandatory mediation	Voluntary mediation	Arbitration	Litigation
Trigger	Statutory pre-condition for covered commercial claims	Party choice at any time	Arbitration agreement/clause	Filing a claim (after mediation where required)
When binding	Only if a settlement is signed	Only if a settlement is signed	Award is binding on the issue	Judgment binding on the issue
Enforceability	Settlement can be an enforceable instrument (with signatures or court annotation)	Same as mandatory once signed/annotated	Award enforceable, incl. cross-border via treaty	Judgment enforceable via execution
Typical duration	Weeks (time-boxed by statute)	Flexible; usually short	Months to over a year	Often extended, including appeals
Cost profile (2026)	Lower, tariff-based mediator fee	Lower, agreed mediator fee	Higher, arbitrator and institution fees	Higher, court fees plus lengthy proceedings
Confidentiality	Confidential; without prejudice	Confidential; without prejudice	Generally confidential	Generally public proceedings
Appeal availability	None, consensual settlement	None, consensual settlement	Limited annulment grounds	Appeal/cassation routes
Party control	High, parties decide outcome	High, parties decide outcome	Moderate, tribunal decides	Low, court decides
Best for	Most monetary commercial disputes as first step	Preserving relationships; early resolution	Complex/international contracts with a clause	Disputes needing binding adjudication or precedent

Conclusion, quick action steps for counsel and exporters

Mandatory mediation turkey is not a procedural inconvenience to be worked around, it is the gateway to almost every commercial monetary claim, and handling it well protects both your position and your budget. Before drafting a claim, confirm whether your dispute is a covered monetary or compensation claim; if it is, apply for mediation at the correct courthouse office, send a representative with genuine settlement authority, and attend the first session to avoid cost sanctions. Retain the closing minute in every case, and where you settle, secure the signatures or court annotation needed to make the agreement directly enforceable.

Because the fee tariff and dispute scope are periodically revised, verify current figures against the Ministry of Justice mediation portal, and take local advice on cross-border enforcement. Done properly, mandatory mediation in Turkey often resolves commercial disputes faster, more cheaply and more privately than litigation.

For further practical guidance, see our related resources on the GLE member profile, Commercial law, Turkey practice area, the GLE lawyer directory for Turkey commercial, Enforcing Mediation Settlement Agreements in Turkey (2026), and Mediation vs Arbitration, a guide for Turkish commercial disputes.

Need Legal Advice?

This article was produced by Global Law Experts. For specialist advice on this topic, contact Ece Nihan Günen at ENGB Law & Partners, a member of the Global Law Experts network.

Sources

FAQs

Is mediation mandatory before filing a commercial lawsuit in Turkey?

Yes. For most commercial disputes, particularly monetary and compensation claims, mandatory mediation under Law No. 6325, as applied through Article 5/A of the Turkish Commercial Code, is a cause-of-action condition. If you file without first attempting mediation and attaching the closing minute, the court will dismiss the claim on procedural grounds.

Which commercial disputes must go to mediation in 2026?

Commercial claims for a sum of money or compensation are the core category: contract disputes, sale of goods, trade receivables, banking claims, agency and distribution, and certain commercial lease disputes. Criminal, certain family matters, urgent injunctions and enforcement proceedings sit outside the regime.

How long does mandatory mediation normally take?

The process is time-boxed by Law No. 6325 and typically concludes within weeks of the mediator’s appointment. The mediator may extend the period by a limited further duration in cases of necessity. The mediator then issues the closing minute recording settlement, partial settlement, or failure to agree.

What happens if a party refuses to attend mediation?

A party that fails to attend the first session without a valid excuse, where the process then ends without agreement, can be held liable for the entire mediation cost and may be denied a favourable costs order in later litigation, even if it wins on the merits. A claimant who skips mediation entirely will have the lawsuit dismissed.

Are mediation settlements enforceable as court judgments in Turkey?

Yes. Under Law No. 6325, a settlement agreement signed by the parties, their attorneys and the mediator can be an enforceable instrument. Where all attorneys have not signed, the parties can obtain a court enforceability annotation (icra edilebilirlik şerhi) and then execute it in the manner applicable to a judgment.

Who pays mediator fees and how are they calculated under the 2026 tariff?

Fees follow the official Ministry of Justice tariff. Where no agreement is reached, a fixed amount based on the work done applies; in mandatory mediation the initial fixed portion may be met from the state budget where the process ends without agreement, subject to later cost allocation. Where a settlement is reached, a descending tiered percentage of the settled sum applies and is generally shared equally unless the parties agree otherwise.

Can parties agree to skip mandatory mediation?

No. Where the statute imposes mediation as a cause-of-action condition, the requirement cannot be contractually waived, and the court checks it on its own initiative. Parties may, however, choose voluntary mediation for disputes outside the mandatory scope.

How do I enforce a mediated settlement against a foreign party?

Domestically, the signed settlement or court-annotated agreement is executed through the enforcement office. Against a foreign party, enforcement depends on the assets and jurisdiction; consider applicable international instruments on the enforcement of mediated settlements and draft the agreement with cross-border recognition in mind.