Understanding Mediation
Mediation is an alternative dispute resolution (ADR) method that allows parties to resolve their legal conflicts without going to court. It is a voluntary or, in some cases, mandatory process where a neutral third party — the mediator — facilitates communication between the parties to help them reach a mutually acceptable agreement.
Mediation focuses on cooperation rather than confrontation, and unlike court proceedings, it does not involve a judge who imposes a decision. Instead, the outcome depends on the parties’ willingness to compromise.
The Legal Basis of Mediation in Turkey
In Turkey, the legal framework for mediation is established under Law No. 6325 on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu), which came into effect in 2013. Since 2018, mediation has become a mandatory step in certain types of disputes, such as employment and commercial cases, before filing a lawsuit.
This regulation aims to ease the burden on the judiciary, speed up legal processes, and encourage amicable settlements.
Types of Mediation: Mandatory vs. Voluntary
There are two main types of mediation:
- Mandatory Mediation: This is required by law before initiating legal proceedings in certain disputes — especially in labor law, commercial law, and consumer law matters.
- Voluntary Mediation: Parties may choose to go through mediation at any stage of their dispute, even after court proceedings have started. This is often seen in family law or real estate disputes, where preserving relationships may be a priority.
Which Disputes Can Be Resolved Through Mediation?
Mediation is suitable for a wide range of civil and commercial disputes, including but not limited to:
- Employment disputes (e.g., wrongful termination, unpaid wages, severance)
- Rental disagreements between landlords and tenants
- Commercial contract disputes between companies or business partners
- Family disputes, such as inheritance or division of property
- Debt collection and other financial disagreements
Advantages of Mediation
Mediation offers several key advantages over traditional litigation:
- ✅ Faster Resolution: Most mediation processes conclude in a matter of days or weeks.
- ✅ Lower Cost: Compared to lengthy court cases, mediation is significantly more economical.
- ✅ Confidentiality: All discussions and agreements remain private and cannot be used in court unless both parties consent.
- ✅ Control Over Outcome: The parties themselves shape the result, increasing the likelihood of long-term satisfaction and compliance.
- ✅ Preservation of Relationships: Mediation encourages collaboration, making it ideal for disputes involving ongoing relationships.
Conclusion
In today’s legal landscape, mediation has become an essential and increasingly preferred tool for resolving disputes efficiently, respectfully, and cost-effectively. Whether it’s a business conflict or a personal matter, mediation provides an opportunity to regain control of the process and find common ground — without the stress and time associated with court proceedings.
If you are facing a legal dispute and want to explore whether mediation is the right solution for you, feel free to contact our team for a consultation.
