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Introduction
In Turkish law, mediation was initially established as a voluntary alternative dispute resolution method; however, over time, it has become a mandatory step that must be exhausted before filing a lawsuit in certain types of disputes. Article 18/A of the Law on Mediation in Civil Disputes No. 6325 (“HUAK”) establishes the common procedure to be followed in cases where the law designates mediation as a prerequisite for filing a lawsuit; Article 18/B, on the other hand, directly includes certain specific civil disputes within the scope of mandatory mediation.
The fundamental consequence of mandatory mediation is as follows: If a lawsuit is filed without first exhausting the mediation process in a dispute where the law mandates recourse to a mediator, the court will dismiss the case on procedural grounds due to the absence of the prerequisite. This matter is explicitly regulated in Article 18/A/2 of Law No. 6325. The same approach has been adopted in the Labor Courts Law No. 7036 regarding labor disputes. In its rulings numbered 2023/995 and 2023/1251, the General Assembly of the Court of Cassation established that applying to a mediator is a prerequisite for filing a lawsuit in cases of mandatory mediation, and that it cannot be completed retroactively, thereby ruling that the case must be dismissed on procedural grounds.
Cases Subject to Mandatory Mediation Under Articles 18/A and 18/B of the HUAK
According to HUAK Article 18/B, the cases subject to mandatory mediation are as follows:
Disputes regarding the lease of real property, excluding cases involving eviction through enforcement proceedings without a judgment. As an example, enforcement proceedings initiated due to non-payment of rent, eviction lawsuits filed based on such proceedings, and enforcement actions or lawsuits filed because the tenant fails to vacate the premises despite having provided a written commitment to do so are not subject to mandatory mediation.
Disputes regarding the division of movable and immovable property and the dissolution of partnerships.
Disputes arising from the Condominium Law.
Disputes arising from neighborly rights.
Other Cases Subject to Mandatory Mediation
Since the preceding paragraph mentions only Articles 18/A and 18/B, other areas not listed here but explicitly subject to mandatory mediation as a prerequisite for litigation under current legislation must be separately noted. A review of current legal regulations reveals three additional main categories: labor disputes, commercial disputes, and consumer disputes.
First, pursuant to Article 3 of the Labor Courts Law No. 7036, filing a claim for wages or compensation owed to an employee or employer based on an individual or collective labor agreement, as well as claims for reinstatement, requires prior mediation as a prerequisite for litigation. However, claims for material and moral damages arising from work-related accidents or occupational diseases, as well as related determination, objection, and recourse actions, are exempt from this requirement. Therefore, not all labor disputes fall under mandatory mediation; only specific types of cases specified in the law are subject to it.
Second, pursuant to Article 5/A added to the Turkish Commercial Code No. 6102 by Law No. 7155, filing a claim with a mediator prior to initiating litigation is a prerequisite for claims regarding debts and compensation where the subject matter involves the payment of a certain amount of money, as specified in Article 4 of the Turkish Commercial Code and other laws. This regulation was introduced under Law No. 7155, which entered into force on January 1, 2019. In its ruling No. 2021/6591 E, 2021/10586 K, the Third Civil Chamber of the Supreme Court ruled that in disputes not classified as commercial cases—such as the request to overturn an objection regarding a claim arising from unauthorized electricity use—the application to a mediator is not a prerequisite for filing a lawsuit. This situation demonstrates that, since it pertains solely to a commercial enterprise, it does not qualify as a commercial case, and therefore mediation is optional. This condition applies not to all commercial cases, but specifically to those involving claims for monetary debts or compensation. Therefore, for example, not every commercial dispute is automatically subject to mandatory mediation; only commercial cases meeting the statutory conditions are subject to mandatory mediation. Cases such as bankruptcy proceedings, composition proceedings, uncontested judicial matters, and requests for provisional remedies do not fall within the scope of the mandatory mediation process in commercial cases. However, mandatory mediation in commercial cases has been expanded to include not only “damages/claims” but also enforcement-focused case types such as the cancellation of objections, negative declaratory judgments, and restitution, following the 2023 amendment.
Thirdly, with the addition of Article 73/A to the Consumer Protection Law No. 6502, mediation has been made a prerequisite for litigation in disputes heard by consumer courts. However, the law defines significant exceptions here. Disputes falling within the jurisdiction of the Consumer Arbitration Board, appeals against decisions of the Consumer Arbitration Board, and consumer organizations as regulated in Article 73/6 of Law No. 6502; consumer organizations, relevant public institutions and organizations, and the Ministry; cases concerning unfair commercial practices and commercial advertisements; and, generally, cases involving matters of interest to consumers where there is a risk of a situation arising that violates this Law, including cases seeking a preliminary injunction to prevent or halt such a situation, or cases regarding the determination, prevention, or cessation of a situation contrary to the law; and cases falling under Article 74, as well as disputes arising from real property that constitute consumer transactions, are not subject to mandatory mediation as a prerequisite for litigation. Additionally, certain fee and expense consequences for consumers are specifically regulated.
Article 13/2-(e) of the Agricultural Law No. 5488 establishes that “in cases arising from agricultural production contracts,” recourse to a mediator is a prerequisite for litigation.
This regulation differs from the general mandatory mediation regime in two respects: (i) the appointment of mediators who have received specialized training in the “contractual production” field (otherwise, other mediators), and (ii) the period being generally set at two weeks.
Additionally, a special regulation titled the “Regulation on Mediation Regarding Legal Disputes Arising from Agricultural Production Contracts” has been issued for this field; the regulation governs both the prerequisite regime (Art. 4) and the appointment of specialized mediators and timeframes.
Conclusion
Articles 18/A and 18/B of the HUAK represent only a part of the mandatory mediation regime. In addition to these, labor disputes, certain commercial disputes, and consumer disputes—except for those covered by exceptions—are also subject to the pre-litigation mediation requirement under our current legal system. Although the system exhibits a fragmented structure spread across different laws, the underlying logic remains the same: providing the parties with an opportunity to reach a settlement before the dispute is brought to court. However, the scope of mandatory mediation is not equally broad across all areas. In labor law, only certain claims for payment, compensation, and reinstatement are covered; in commercial law, commercial disputes involving monetary claims and compensation; and in consumer law, disputes falling outside the statutory exceptions are included within the scope.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
