Scope of Mandatory Mediation: Cases to be Applied, Exceptions, and Legal Provisions

Entrance

Mediation is an alternative dispute resolution method that allows disputes between parties to be resolved amicably with the assistance of a neutral third party (mediator). Introduced into our legal system with the Law No. 6325 on Mediation in Legal Disputes, which came into force in 2013 , this institution has become a mandatory prerequisite for litigation in some cases over time . The aim is to reduce the workload of courts and provide quick and cost-effective solutions.

Legal Basis

Law No. 6325 on the Protection of Human Rights – Article 18/A

(1) In cases where recourse to mediation is considered a prerequisite for filing a lawsuit under the law, the parties cannot file a lawsuit without first applying to a mediator.
(2) The period can be extended by a maximum of three weeks from the date of application, or by +1 week in exceptional circumstances.
(3) The agreement minutes have the force of a court decision.
(4) The party who fails to attend the first meeting without a valid excuse shall pay all court costs, even if they win the case.

Supreme Court 22nd Civil Chamber, Case No. 2019/5783, Decision No. 2020/1267 – It is lawful to order the party who did not attend the first hearing to pay the court costs.

Law No. 7036 on Labor Courts – Article 3

In employee or employer disputes, compensation claims, and reinstatement cases, applying for mediation is a prerequisite for filing a lawsuit.
Lawsuits filed without prior application for mediation will be dismissed on procedural grounds.
This excludes cases involving workplace accidents and occupational diseases.

The 9th Civil Chamber of the Supreme Court of Appeals, Case No. 2020/3456 E., Decision No. 2021/7345 K. , upheld the rejection of a labor claim case where mediation was not applied for.

Law No. 7155 – Turkish Commercial Code, Supplementary Article 5

In commercial disputes involving monetary claims or compensation, mediation is a prerequisite for litigation.
Bankruptcy, insolvency proceedings, trademark, patent, check, promissory note, and bill of exchange cancellations are excluded from this scope.

The 11th Civil Chamber of the Supreme Court of Appeals, Case No. 2019/2135 E., Decision No. 2020/4561 K. , upheld the decision to reject a commercial debt claim due to the lack of mediation.

Application Areas

• Labor Disputes: Employee-employer claims and compensation lawsuits, reinstatement to work.

• Commercial Disputes: Commercial lawsuits involving monetary claims and damages.

• Consumer Disputes: Disputes exceeding a certain monetary limit.

• Table of Situations Requiring Mandatory Mediation

  Area	Disputes to be Filed	Exclusions	Legal Basis
  Labor Law	– Severance pay – Notice pay – Overtime pay – Annual leave pay – Reinstatement claims – Other claims and compensation arising from the employment contract	– Workplace accident and occupational disease lawsuits – Service determination lawsuits	Article 3 of the Labor Courts Law No. 7036
  Commercial Law	– Commercial lawsuits concerning monetary claims or compensation – Claims and compensation arising from commercial contracts	– Bankruptcy and insolvency cases – Trademark, patent, and design cases – Cancellation cases for negotiable instruments (checks, promissory notes, bills of exchange)	Article 5 of the Turkish Commercial Code, amended by Law No. 7155
  Consumer Law	– Consumer lawsuits exceeding 104,000 TL for the year 2025 – Refunds and compensation arising from defective goods or services	– Low-value disputes falling within the jurisdiction of consumer arbitration boards – Lawsuits for the annulment of arbitration board decisions	Article 73/A of the Consumer Protection Law No. 6502

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  Common Notes in the Table

  • Application Location: Mediation office (or the registry office of the Civil Court of Peace in locations where there is no mediation office).

  • Duration: 3 weeks (+1 week extension option).

  • Conclusion: The agreement has the force of a court order and is directly enforceable.

  • Failure to Attend the First Hearing: A party who fails to attend without a valid excuse shall pay the court costs, even if they win the case (HUAK Article 18/A).

  • Statute of limitations: It is suspended upon application and resumes from where it left off once the process is complete.

Mandatory Mediation Process

Applications and Case Studies

Example 1 – Procedural Dismissal in a Wage Claim Case

Case Summary:
An employee was dismissed against their will after working at a company for five years. The employer failed to pay severance and notice pay. The employee filed a lawsuit directly with the Labor Court, also demanding overtime pay and annual leave pay. However, the lawsuit petition lacked any information or record of having applied for mediation.

Court Decision:
The court, citing Article 3 of the Labor Courts Law No. 7036, dismissed the case Articles 114 and 115 .

Supreme Court Decision:
The 9th Civil Chamber of the Supreme Court, case number 2019/10758 E., decision number 2020/4532 K. , upheld the decision, stating that "Cases filed without first applying for mediation cannot be examined on their merits and will be dismissed directly due to the lack of a prerequisite for filing a lawsuit."

Example 2 – Procedural Error in a Commercial Receivables Case

Case Summary:
A construction company filed a lawsuit for 250,000 TL in compensation against a subcontractor for incomplete and faulty work. The lawsuit was commercial in nature. However, the lawyer had forgotten to apply for mandatory mediation as a prerequisite to the lawsuit.

Court Decision:
The court Law No. 7155 and Article 5 of the Turkish Commercial Code, "mediation is mandatory as a prerequisite for commercial disputes involving a monetary sum."

Supreme Court Decision:
Supreme Court 11th Civil Chamber, Case No. 2020/2356 E., Decision No. 2021/5462 K. – It was emphasized that mediation is mandatory as a prerequisite for filing a lawsuit in commercial debt cases, and that lawsuits filed without prior mediation will be dismissed.

Example 3 – Agreement in Mediation and Enforcement Proceedings

Case Summary:
A severance pay dispute between an employee and an employer was resolved through mediation. The parties signed an agreement for the payment of 50,000 TL on specific dates. However, the employer failed to make the payment.

Court/Enforcement Process:
The employee submitted the settlement agreement enforcement proceedings . The employer objected, stating that "this document cannot be enforced."

Supreme Court Decision:
The 12th Civil Chamber of the Supreme Court, Case No. 2020/2345 E., Decision No. 2021/4536 K. – upheld the decision that the settlement agreement has the nature of a court judgment and can be directly enforced according to the provisions for the enforcement of judgments.

Example 4 – Sanction for Failure to Attend the First Meeting

Case Summary:
In a commercial lawsuit, the defendant company failed to attend the initial mediation meeting despite being invited, and offered no valid excuse. In the subsequent court case, the court ruled in favor of the defendant.

Court Decision:
The court, Article 18/A/11 of the Code of Civil Procedure and Article 326 of the Code of Civil Procedure , ruled that even if the judgment is in favor of the defendant, all litigation costs shall be borne by the defendant.

Supreme Court Decision:
Supreme Court 22nd Civil Chamber, Case No. 2019/5783, Decision No. 2020/1267 – It was stated that this sanction is lawful and aims to be a deterrent.

Example 5 – Suspension of the Statute of Limitations

Case Summary:
A worker waited 4 years and 10 months to claim severance pay after being dismissed. As the 5-year statute of limitations was about to expire, he applied for mediation. The process lasted 3 weeks, but no agreement was reached.

Court Ruling:
The court stated that the application suspended the statute of limitations, allowing the remaining two months to be used after the conclusion of the process.

Supreme Court Decision:
The 9th Civil Chamber of the Supreme Court, Case No. 2021/4761 E., Decision No. 2022/1132 K. , ruled that a mediation application suspends the statute of limitations.

Frequently Asked Questions (FAQ)

1. What is mandatory mediation?
Mandatory mediation is a legal requirement to apply to a mediator before filing a lawsuit. Lawsuits filed without fulfilling this requirement are dismissed on procedural grounds due to the lack of a prerequisite for filing a lawsuit.

2. In which cases is mandatory mediation required?

• Labor-employer claims and compensation lawsuits, reinstatement lawsuits (excluding work accidents and occupational diseases)

• Commercial lawsuits involving monetary claims and compensation demands

• Some consumer lawsuits exceed the monetary limit

3. Does a mediation application suspend the statute of limitations for a lawsuit?
Yes. According to Article 18/A of the Mediation Law, a mandatory mediation application suspends the statute of limitations and forfeiture periods. The period resumes from where it left off, starting from the date the mediation process ends.

4. What happens if I don't attend the first hearing?
A party who fails to attend the first hearing without a valid excuse may be liable to pay all court costs, even if they win the case. (Supreme Court of Appeals, 22nd Civil Chamber, Case No. 2019/5783, Decision No. 2020/1267)

5. If an agreement is reached through mediation, can I file a lawsuit again?
No. The agreement document has the force of a court decision and is binding. Once the parties sign the document, a lawsuit cannot be filed on the same matter.

6. Who pays the mediation fee?
According to the HUAK (Law on Mediation in Turkey), if an agreement is reached, the fee is paid equally by the parties. If no agreement is reached, the fee for the first two hours is covered by the Ministry of Justice budget.

7. How long does mediation last?
In mandatory mediation, the duration is 3 weeks. In exceptional circumstances, the mediator may extend it by a maximum of 1 week. The total duration cannot exceed 4 weeks.

8. In which types of cases is mediation not mandatory?

• Workplace accident and occupational disease lawsuits

• Bankruptcy, insolvency proceedings, trademark, patent, check, promissory note, and bill of exchange cancellation cases

• Some consumer disputes (below the monetary limit)

9. How to apply for mediation?
Applications are made by going to a mediation office, or, where such an office does not exist, to the registry office of the civil court. The application is free of charge.

10. Do I need a lawyer in mediation?
It is not mandatory, but it is recommended to conduct the process with a lawyer to avoid losing your rights.

📌 Practical Tips: Preventing Loss of Rights

1. First, check if your dispute is covered.

2. Remember that the timers will pause but will resume from where they left off.

3. Make sure you attend the first meeting.

4. Review each item before signing the minutes.

5. If possible, handle the process with a lawyer.

Conclusion

Mandatory mediation is an effective mechanism that can provide solutions without going to court. However, improper execution can lead to the dismissal of the case on procedural grounds or loss of rights.
Therefore, it is essential to act in accordance with both the provisions of the law and the precedents of the Supreme Court.