In certain disputes, applying to a mediator is a precondition to filing a lawsuit. This note summarises the general framework of mandatory mediation.
Mediation is a method by which the parties resolve their dispute of their own will with the help of a neutral third person. Under Turkish law, for certain types of disputes, having applied to a mediator before filing a lawsuit is regulated as a procedural precondition.
Which disputes are covered?
- Receivable, compensation and reinstatement claims between employees and employers
- Commercial receivable and compensation claims for a sum of money
- A significant part of the disputes falling within the jurisdiction of consumer courts
- Disputes arising from tenancy, dissolution of co-ownership, condominium ownership and neighbour law
How does the process work?
Applications are made to the mediation bureaus at courthouses. If the parties agree, the settlement document is, where the conditions are met, deemed equivalent to a court judgment. If no agreement is reached, the final minutes open the way to litigation.
A lawsuit filed without applying to mediation is dismissed on procedural grounds.
This note is for general information only and does not constitute legal advice.