Mediation is divided into two categories: “Mandatory Mediation” and “Voluntary Mediation”:
Mandatory Mediation: For some disputes, there is an obligation to go to mediation before filing a lawsuit in court. Mandatory mediation is a prerequisite for these disputes. In other words, a lawsuit filed without going to mediation is rejected due to the absence of a mandatory mediation requirement. Mandatory mediation has been introduced for certain claims related to commercial and labor disputes (such as severance pay, notice pay, overtime wages, salaries, etc.).
Consumer Disputes: Mediation has become mandatory in disputes between consumers and companies. In cases heard in consumer courts, it is necessary to apply to mediation before filing a lawsuit.
Labor Law Cases: In Turkey, mandatory mediation has been made a requirement for all labor claims except for claims arising from work accidents and occupational diseases. Therefore, mandatory mediation must be sought for all matters such as reinstatement lawsuits, severance pay, notice pay, salary claims, etc.
Commercial Law Cases: Certain types of cases in commercial law also require mandatory mediation. Especially in commercial disputes, a mediation process must be completed before filing a lawsuit.
Real Estate Law Cases: Some real estate law cases are subject to mandatory mediation. These cases include condominium disputes, disputes arising from neighboring rights, and similar issues.
The types of cases listed above fall under the scope of mandatory mediation in the Turkish legal system. In these cases, the right to file a lawsuit in court is not granted until the mediation process is completed. However, certain exceptions and special circumstances may apply, but in general, the mediation process must be compulsory.
Voluntary Mediation: Voluntary mediation refers to parties choosing to resort to mediation before filing a lawsuit even though they are not obliged to do so. Parties can opt for voluntary mediation for any private law dispute they can settle.
Mediation is an effective alternative dispute resolution method that helps parties resolve their disputes more quickly and at a lower cost.
However, there are legal areas where mediation cannot be applied, and parties may need to resort to the courts. These are:
Criminal Cases: Mediation is not applied in criminal cases. Criminal cases are subject to a prosecution process conducted by the public authorities and are resolved by the courts.
Civil Status and Population Cases: Mediation is not applied in cases related to correcting or changing civil status and population records.
Child Rights and Domestic Violence Cases: Mediation is not applied in cases related to child custody, allegations of domestic violence, and similar matters. These cases are handled in the courts.
Administrative Cases: Administrative cases falling within the jurisdiction of administrative justice, such as full jurisdiction cases and cancellation cases, are not subject to mediation.
Tax Law Cases: Disputes arising from tax law are resolved by tax courts, and mediation is not applied.
