Mediation Office, Ankara, Mediator Attorney Ayşe Tahancı

We resolve your legal disputes through methods that are faster, more economical, and more sustainable compared to the litigation process. Mediation process management based on the principles of confidentiality and impartiality.

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What Is Mediation?

Mediation is an alternative dispute resolution method that enables legal disputes between parties to be resolved with the assistance of a neutral and independent third party, without going to court. Frequently used in labor, commercial, and consumer law disputes, this method offers a faster and more economical process compared to litigation.

Core Principles of the Mediation Process

• Voluntariness and Free Will: Except in cases where mediation is a mandatory precondition to filing a lawsuit, the parties are free to initiate and terminate the process.
• Principle of Confidentiality: Information and documents shared during the process are kept confidential and cannot be used as evidence in court.
• Impartiality and Equality: The mediator maintains equality between the parties and manages the process independently.
• Solution-Oriented Approach: The goal is not to determine who is right or wrong, but to help the parties find common ground in their mutual interests.

The mediation system, which eases the burden on the judiciary and contributes to social harmony, allows the parties to develop their own solutions.

What Are the Advantages of Mediation?

Mediation is an effective method aimed at resolving disputes between parties quickly and amicably. This process offers many advantages:

• Fast Resolution: Compared to the lengthy processes involved in litigation, mediation concludes in a much shorter time.
• Cost Advantage: It is more cost-effective than litigation expenses and offers an economical solution.
• Flexible Process: The process is controlled by the parties and can be managed according to their needs and demands.
• Confidentiality: Discussions are conducted entirely in confidence, and the parties' private information is protected.
• Amicable and Peaceful Resolution: Helps maintain a cordial relationship between the parties.

What Are the Duties of a Mediator?

The duties of a mediator aim to contribute to the legal system by resolving disputes between parties. Our Mediation Office provides services with mediation experts in this process. The mediator's core responsibilities are as follows:

• Acting in accordance with the principle of impartiality: The mediator maintains equal distance from both parties and adopts an objective approach.
• Facilitating communication between the parties: Creates a constructive environment to increase mutual understanding.
• Complying with confidentiality rules: Ensures that information shared during the dispute process is protected.
• Generating alternative solutions and supporting the settlement process.
• Guiding the parties toward a written agreement and bringing the process to a conclusion.

It is possible to effectively manage this process with the expertise of a mediator in order to resolve your legal disputes.

What Is Mandatory Mediation as a Precondition to Filing a Lawsuit?

Mandatory mediation is a procedural requirement set by the legislator for certain types of disputes, requiring parties to apply to mediation before filing a lawsuit. Under this regulation, if a lawsuit is filed directly without first applying to mediation, the court will dismiss the case on procedural grounds.

How the Process Works and Its Legal Consequences

• Mandatory Application: A party wishing to file a lawsuit must first apply to the Courthouse Mediation Office.
• Right to Sue in Case of No Agreement: If no agreement is reached at the end of the process, a lawsuit may be filed in court based on the “Final Report of Non-Agreement” issued by the mediator.
• Suspension of Statute of Limitations: The statute of limitations and any preclusive periods do not run during the time between the application to the mediation office and the date the final report is issued.

Which Disputes Require Mandatory Mediation?

In the Turkish legal system, mandatory mediation as a precondition to filing a lawsuit is a procedural requirement that obliges parties to apply to a mediator before filing a lawsuit in certain disputes specified by law. If a lawsuit is filed directly without this application, the court dismisses the case on procedural grounds due to the “absence of a precondition to filing suit,” without examining the merits.

Disputes Falling Within the Scope of Mandatory Mediation

The types of mandatory mediation, whose scope has been expanded by recent legislative amendments (including areas added as of September 1, 2023, particularly under Law No. 7445), are as follows:

• Labor Law Disputes: Employee receivables such as severance pay, notice pay, and overtime wages, as well as reinstatement claims.
• Lease Law Disputes: Excluding eviction of leased real property through non-judgment-based enforcement proceedings; determination of rent amount, eviction cases, rent adjustment, and rent receivable cases.
• Commercial Cases: Commercial disputes involving claims for payment of a sum of money and damages.
• Condominium and Neighbor Law: Disputes over building/site dues, management plan disputes, and disputes arising from neighbor relations.
• Partition of Co-Ownership (İzale-i Şüyu): Cases relating to the division or sale of movable and immovable property.
• Consumer Disputes: Disputes exceeding the threshold of the Consumer Arbitration Committee and heard before the Consumer Courts.

The mediator serving in this process manages the negotiations as a neutral third party. If the parties fail to reach an agreement, the resulting “final report of non-agreement” can be attached to the complaint to initiate the court process.

Where Is a Mediation Application Filed?

The initiation of the mediation process varies depending on the type of dispute (mandatory precondition to filing suit or voluntary). Applications can be made in person at courthouses, or digitally through the UYAP (National Judicial Network Project) system.

Application Steps and Methods

• For Mandatory Mediation (Precondition to Filing Suit): A free application is made to the Courthouse Mediation Office in the location of the counterparty's residence or where the work was performed. If it is not possible to visit the courthouse in person, an online application can be made through the “Mediation Application” tab on the UYAP Citizen Portal or Attorney Portal.
• For Voluntary Mediation: The parties may directly initiate the process by agreeing on a mediator registered with the Ministry of Justice's Mediator Registry. This method does not require an application to the courthouse; the parties can contact their chosen mediator and carry out the process in an office setting.
• Commencement of the Process: Following the application (in mandatory mediation), the system automatically assigns a mediator, or the mediator agreed upon by the parties is appointed. The appointed mediator contacts the parties to schedule the first meeting date.

Accurately stating the parties' contact information and the subject of the dispute on the application form is critical to ensuring the notification stage of the process proceeds without delay and the process moves forward quickly.

How Does the Mediation Process Conclude?

Mediation negotiations conclude with one of two possible outcomes, depending on the will of the parties: “agreement” or “non-agreement.” At the end of the process, the mediator prepares a final report that produces legal consequences.

• In the Case of Agreement: When the parties reach a settlement on the dispute, an “Agreement Document” is prepared containing the details of the settlement reached. This document is signed by the parties, their attorneys (if any), and the mediator.
• In the Case of Non-Agreement: If the parties fail to reach common ground, the mediation activity is terminated. In this case, the “Final Report of Non-Agreement” issued is submitted to the court as the document proving that the precondition to filing suit has been fulfilled in any future lawsuit.

Is the Mediation Agreement Document Binding? (Status as a Court Judgment)

Yes, the agreement document signed as a result of mediation has the status of a court judgment when certain conditions are met. This feature guarantees the document's legal binding force and enforceability.

Enforceability Endorsement and Exceptions

There are two ways for the agreement document to acquire the status of a court judgment:

• Court Approval (Endorsement): The parties may apply to the Civil Court of Peace (or the competent court depending on the type of dispute) to obtain an “enforceability endorsement.”
• Signature of the Attorneys (Important Exception): If the agreement document is signed jointly by the parties, the parties' attorneys, and the mediator, there is no need to separately obtain an endorsement from the court. This document is deemed by law to directly have the status of a court judgment and can be submitted for enforcement.

This arrangement allows parties to obtain a document with the force of a final court judgment without having to go through court proceedings that can last for years.