Mediation is a process in which the parties reach their own solution with the help of a neutral mediator; in employment, commercial monetary, consumer, landlord–tenant, partition, condominium and neighbour disputes, applying to a mediator before filing suit is mandatory, including where one party is foreign. A settlement signed by the parties, their lawyers and the mediator is enforceable like a judgment. Arbitration is a binding alternative to the courts and requires a written arbitration agreement. A foreign court judgment or a foreign arbitral award has effect in Turkey only after recognition or enforcement (exequatur) by a Turkish court; Turkey is a party to the 1958 New York Convention.
Alternatives to litigation in Turkey
Going to court is not the only way to resolve a dispute in Turkey. The most common alternatives are mediation and arbitration, which differ fundamentally:
| Feature | Mediation | Arbitration | Court |
|---|---|---|---|
| Who decides? | The parties agree; the mediator does not decide | Arbitrator or arbitral tribunal | Judge |
| Binding? | Only if agreement is reached | The award is binding | Yes |
| Confidentiality | Confidential as a rule | Confidential as a rule | Public as a rule |
| Duration | Short (weeks) | Medium (months) | Can be long |
| Review | None (agreement is final) | Limited (action to set aside) | Appeal and cassation |
| Legal basis | Law No. 6325 | Code of Civil Procedure Art. 407 et seq.; Law No. 4686 | Code of Civil Procedure |
Reconciliation in criminal cases is a separate procedure, explained in our criminal law guide.
Mandatory mediation: which disputes?
For certain disputes, the law requires an application to a mediator before a lawsuit is filed. A case filed without this step is dismissed on procedural grounds without examination of the merits. The requirement applies equally where one of the parties is a foreign individual or company.
| Dispute | Legal basis | Related guide |
|---|---|---|
| Employee claims and compensation, reinstatement | Labour Courts Law No. 7036, Art. 3 | Labour law |
| Commercial cases for payment of money | Turkish Commercial Code, Art. 5/A | Commercial law |
| Consumer cases outside the arbitration committees' jurisdiction | Consumer Protection Law No. 6502, Art. 73/A | Consumer law |
| Disputes arising from leases | Law No. 6325, Art. 18/B | Landlord and tenant law |
| Partition of movable and immovable property | Law No. 6325, Art. 18/B | Real estate law |
| Condominium and neighbour disputes | Law No. 6325, Art. 18/B | Real estate law |
Some matters are excluded, such as compensation claims arising from work accidents and occupational diseases, eviction through enforcement proceedings without judgment, and requests for interim injunctions or precautionary attachment. Family law disputes are not suitable for mediation.
How mediation works
- ApplicationIn mandatory mediation, the application is made to the mediation office at the courthouse of the other party's or one party's domicile, or where the work was performed. In voluntary mediation, the parties choose the mediator together.
- AppointmentThe office appoints a mediator from the official register, who invites the parties to the first meeting by phone, email or other means.
- MeetingsThe mediator helps the parties understand their interests and evaluate options, but does not decide or impose a solution. Meetings can be joint or separate, in person or remote, which is useful for parties abroad.
- DurationMandatory mediation is generally concluded within three to six weeks depending on the type of dispute, with a single extension where necessary.
- Final recordThe process ends with agreement, no agreement or non-attendance, and a final record is drawn up. If there is no agreement, this record is attached to the statement of claim.
From the application until the final record, limitation periods are suspended and peremptory time limits do not run. In mandatory mediation, a party who fails to attend the first meeting without a valid excuse may be ordered to bear all the costs of a later lawsuit, even if they win in whole or in part.
Effect of a mediation settlement
If the parties reach agreement, a settlement document is drawn up. If it is signed by the parties, their lawyers and the mediator, it has the force of a court judgment and can be enforced without a separate enforceability annotation (Law No. 6325, Art. 18). Where lawyers were not involved, an enforceability annotation can be requested from the competent court. The parties can no longer sue on the matters settled.
The amount, payment schedule, interest and the scope of the mutual release should therefore be defined carefully; it is rarely possible to argue later that the settlement was incomplete. Offers and statements made during mediation are confidential and cannot be used as evidence in a later lawsuit if no agreement is reached (Arts. 5 and 33).
Arbitration in Turkey
Arbitration is an agreement that existing or future disputes will be decided by arbitrators chosen by the parties instead of the state courts. It is common in international commercial contracts, construction and energy projects and shareholder agreements. Turkish law has two regimes:
- Domestic arbitration: For disputes without a foreign element, Articles 407–444 of the Code of Civil Procedure apply.
- International arbitration: For disputes with a foreign element where the seat of arbitration is in Turkey, the International Arbitration Law No. 4686, based largely on the UNCITRAL Model Law, applies.
Arbitration can be institutional, for example under the rules of the Istanbul Arbitration Centre (İSTAC) or an international institution, or ad hoc under rules set by the parties. Disputes concerning rights in rem over immovable property in Turkey and matters not subject to the parties' free disposal, such as divorce and custody, cannot be arbitrated.
Drafting an arbitration clause with a Turkish party
The arbitration agreement must be in writing; it can be a clause in the main contract or a separate agreement (Code of Civil Procedure, Art. 412; Law No. 4686, Art. 4). A well-drafted clause usually specifies:
- The scope of disputes to be referred to arbitration
- For institutional arbitration, the institution and the applicable rules
- The number of arbitrators and how they are appointed
- The seat and the language of the arbitration
- The law governing the substance of the dispute
Vague or contradictory clauses, such as "disputes will be resolved by arbitration or by the courts", may be held invalid in practice and lead to a separate dispute about which forum is competent. Where enforcement against assets in Turkey is likely, choosing a seat in a New York Convention state and avoiding ambiguity are particularly important. For general contract drafting, see our contracts guide.
Challenging an arbitral award
There is no appeal on the merits against an arbitral award; it can only be challenged by an action to set aside on the limited grounds listed in the law (Code of Civil Procedure, Art. 439; Law No. 4686, Art. 15). These include invalidity of the arbitration agreement, improper appointment of the arbitrators, the tribunal exceeding its authority, violation of the right to be heard and conflict with public policy. The action must be filed within the short period provided by law; under Law No. 4686 this is 30 days from notification of the award.
Enforcing a foreign court judgment in Turkey
A judgment given by a foreign court does not automatically have effect in Turkey. For it to have the effect of res judicata or conclusive evidence, it must be recognised; for it to be executed, for example to collect a debt from assets in Turkey, it must be granted enforcement (tenfiz). Under Article 54 of the Private International and Procedural Law No. 5718, the main conditions for enforcement are:
- The judgment must be final under the law of the country where it was given.
- There must be reciprocity between Turkey and that country, based on a treaty, legislation or actual practice; this condition does not apply to recognition.
- The judgment must not concern a matter within the exclusive jurisdiction of the Turkish courts, and jurisdiction must not have been based on a ground with no real connection to the case where the defendant objected.
- The judgment must not be clearly contrary to Turkish public policy.
- The defendant's right of defence must have been respected: proper summons and representation.
The Turkish court does not re-examine the merits; it checks only whether these conditions are met. The petition must be accompanied by the judgment, a certificate of finality and sworn Turkish translations, with an apostille or legalisation as required. Recognition of foreign divorce judgments is covered in our family law guide.
Enforcing a foreign arbitral award
Foreign arbitral awards are enforced under the 1958 New York Convention, to which Turkey is a party, and Articles 60–63 of Law No. 5718. Turkey applies the Convention on the basis of reciprocity and to disputes regarded as commercial under Turkish law. The grounds for refusing enforcement are limited and largely mirror those in the Convention: invalidity of the arbitration agreement, lack of proper notice, the award exceeding the scope of the submission, irregular composition of the tribunal, the award not yet being binding, non-arbitrability and public policy.
Once an enforcement decision is obtained, the judgment or award can be enforced through the Turkish enforcement offices like a Turkish judgment, including by attachment of the debtor's bank accounts, receivables and property. See our enforcement guide.
Foreign individuals and companies who file a lawsuit or enforcement proceedings in Turkey may be required to provide security for costs (Law No. 5718, Art. 48). Exemptions may apply on the basis of reciprocity or international conventions, such as the 1954 Hague Convention on Civil Procedure; whether an exemption applies should be checked for the claimant's country.
Competent courts and authorities
| Matter | Authority |
|---|---|
| Mandatory mediation application | Mediation office at the courthouse |
| Enforceability annotation on a settlement | The court designated by law |
| Setting aside a domestic arbitral award | Regional court of appeal |
| Setting aside an international arbitral award | The civil court of first instance designated by law |
| Recognition and enforcement of foreign judgments | Civil court of first instance (family court for family matters; commercial court for commercial matters) |
| Enforcement of foreign arbitral awards | Commercial court or civil court of first instance |
Time limits
| Item | Period | Legal basis |
|---|---|---|
| Mediation in employment disputes | 3 weeks (extendable by up to 1 week) | Law No. 7036, Art. 3 |
| Mediation in commercial disputes | 6 weeks (extendable by up to 2 weeks) | Commercial Code, Art. 5/A |
| Limitation periods during mediation | Suspended | Law No. 6325, Art. 18/A |
| Action to set aside an international arbitral award | 30 days from notification | Law No. 4686, Art. 15 |
The scope of mandatory mediation has expanded steadily through legislative changes. Mediation periods, the fee tariff and arbitration rules should be checked against the current rules before starting a process.
Documents usually required
- For mediation: party details, a short description of the dispute and the amount claimed
- Contracts, invoices, formal notices and correspondence relating to the dispute
- For arbitration: the contract containing the arbitration clause and the request for arbitration
- For enforcement of a judgment: the original or certified copy of the judgment, certificate of finality, apostille and sworn Turkish translation
- For a foreign arbitral award: certified copies of the award and the arbitration agreement, with translations
- A power of attorney for the Turkish lawyer, issued at a Turkish consulate or before a notary with an apostille
Relevant legislation
Turkish legislation is published (in Turkish) at mevzuat.gov.tr:
- Law No. 6325 on Mediation in Civil Disputes — Arts. 18, 18/A, 18/B
- Labour Courts Law No. 7036 — Art. 3
- Turkish Commercial Code No. 6102 — Art. 5/A
- Consumer Protection Law No. 6502 — Art. 73/A
- Code of Civil Procedure No. 6100 — Arts. 407–444 (arbitration)
- International Arbitration Law No. 4686
- Private International and Procedural Law No. 5718 — Arts. 48, 50–63
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
Arbitration and Mediation: topics
The main topics within mediation and arbitration are listed below. Detailed guides for each are in preparation.
- Mandatory mediation
- Mediation settlements
- Arbitration clauses
- Setting aside arbitral awards
- Enforcement of foreign judgments
- Enforcement of foreign arbitral awards
Frequently asked questions about arbitration and mediation in Turkey
Can a foreign court judgment be enforced in Turkey?
Yes, but only after a Turkish court grants enforcement. The court checks that the judgment is final, that there is reciprocity with the country concerned, that it does not conflict with Turkish public policy and that the defendant's right of defence was respected (Law No. 5718, Art. 54). It does not re-examine the merits.
Is Turkey a party to the New York Convention?
Yes. Foreign arbitral awards are enforced in Turkey under the 1958 New York Convention and Articles 60–63 of Law No. 5718. Turkey applies the Convention on a reciprocity basis and to disputes regarded as commercial under Turkish law.
Is mediation mandatory if one party is a foreign company?
Yes. If the dispute falls within a category subject to mandatory mediation, such as a commercial claim for payment of money, the requirement applies regardless of the parties' nationality. Meetings can be held remotely.
What happens if I file a lawsuit without going to mediation first?
Where mediation is mandatory, the case is dismissed on procedural grounds because a precondition is missing, and the costs may be imposed on the claimant.
Can I withdraw from a mediation settlement I signed?
As a rule, no. A signed settlement is binding, has the force of a judgment if signed with the lawyers, and the settled matters cannot be litigated. Invalidity can only be argued in exceptional cases such as defects of consent.
Is arbitration better than going to court in Turkey?
It depends on the dispute. Arbitration offers confidentiality, specialist arbitrators and wide enforceability under the New York Convention, but it can be costly and review is limited.
The contract has an arbitration clause. Can the other side still sue me in a Turkish court?
If a valid arbitration clause exists and a lawsuit is filed in court, you can raise an arbitration objection; if the court accepts it, the case is dismissed on procedural grounds. If the objection is not raised in time, the case may proceed in court.
Do foreign claimants have to provide security for costs in Turkey?
They may. Foreign individuals and companies filing suit or enforcement proceedings may be required to provide security for costs under Article 48 of Law No. 5718, unless an exemption applies on the basis of reciprocity or an international convention.
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation. Legislation and court practice change over time, so check the current legislation before taking any step. Last updated: 14 October 2026