How to Apply for Mediation? Mandatory and Voluntary Mediation (2026)

The short answer to the question how do you apply for mediation is this: in mandatory mediation (dava şartı arabuluculuk, mediation as a precondition to filing a lawsuit), the application is, as a rule, made to the courthouse mediation office (arabuluculuk bürosu) in the place where the competent court is located, and the office appoints the mediator. In voluntary mediation (ihtiyari arabuluculuk), the parties themselves choose a mediator entered in the official registry and apply to that mediator directly. Both routes are governed by Law No. 6325.

In this article we explain in which disputes it is mandatory to go to a mediator before filing a lawsuit, how the application is made step by step, the time limits, the fees and the legal consequences of the settlement document. The information is based on the legislation in force as of October 2026.

What Is Mediation and Which Law Applies?

Mediation (arabuluculuk) is a negotiation method in which the parties try to find their own solution with the help of an impartial and independent third person, and it is governed mainly by the Law on Mediation in Civil Disputes No. 6325 (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu, HUAK). The mediator does not give a ruling. The mediator cannot impose an outcome on the parties; they manage the talks, make communication easier and may put forward a proposal when the parties cannot come up with a solution themselves. The power to decide always remains with the parties.

Not every dispute is suitable for mediation. Under HUAK Art. 1, only private law disputes arising from acts or transactions that the parties can freely dispose of may be taken to a mediator; disputes involving allegations of domestic violence are excluded. A receivable, a rent difference or the division of a jointly owned property is open to negotiation. The divorce decision itself, or matters such as custody, on the other hand, are not issues that the parties can settle conclusively by agreement between themselves.

The talks are confidential. As a rule, an offer or acceptance made by one of the parties during the negotiations cannot be used as evidence in a lawsuit filed later. This protection makes it possible to speak more openly at the table.

In Which Disputes Is Mandatory Mediation Required?

Mandatory mediation refers to disputes in which applying to a mediator before filing a lawsuit is required by law. In these files, if it turns out that the lawsuit was filed without going to a mediator first, the case is dismissed on procedural grounds without any further step being taken, under HUAK Art. 18/A. The scope has gradually widened since 2018. As of October 2026, the main areas are the following:

The same amendment also brought disputes arising from agricultural production contracts under the Agriculture Law No. 5488 (Art. 13) within the scope of mandatory mediation. Because the monetary threshold of the consumer arbitration committee is set again every year, you need to check the amount announced by the Ministry of Trade for that year before applying. For a detailed explanation, see our article on mandatory mediation, and for the rules specific to each area, see our articles on mediation in employment law, mediation in commercial law and mediation in consumer law.

Condominium and neighbour law mediation files

Since 1 September 2023, disputes in apartment buildings and residential complexes also require going to a mediator first. Unpaid maintenance fees, the calculation of each owner's share of the shared expenses, or an unauthorised extension built on a common area may fall within this scope. Neighbour law mediation files, for their part, mostly arise from complaints about noise, smells, smoke or excessive use of property, such as a tree or a structure overhanging the neighbouring property. These parties often go on living side by side for years. That is why, rather than a court judgment, setting up a concrete arrangement that everyone can follow (working hours, a renovation schedule, the sharing of costs) may be of more value.

Situations outside the scope and exceptions

Not every claim that falls within the areas in the list is automatically subject to mediation. Compensation for work accidents and occupational diseases, eviction proceedings through enforcement without a judgment, and claims that are not suitable for mediation are examples of this. As a rule, there is also no need to go to a mediator first for requests for interim legal protection such as an interim injunction (ihtiyati tedbir) or a precautionary attachment (ihtiyati haciz). The legislation has changed several times in recent years. Whether a specific claim falls within the scope needs to be checked against the current text of the law; you can find the texts on mevzuat.gov.tr.

What Is Voluntary Mediation?

Voluntary mediation means that, in a dispute where the law does not make mediation mandatory, the parties apply to a mediator of their own volition. This route is open for every private law dispute that is suitable for mediation: for example, an argument over defects under a service contract, a management disagreement between the shareholders of a company, or a dispute about the scope of a trademark licence. The parties can take this route before a lawsuit is filed or while it is ongoing. During a lawsuit, the judge may also encourage the parties to try mediation.

The main difference from mandatory mediation lies in the choice of mediator and in the fees. In voluntary mediation, the parties choose the mediator together, and the meeting place and schedule are set jointly. As a rule, the fee is agreed between the parties and the mediator; if there is no agreement, the Mediation Minimum Fee Tariff (Arabuluculuk Asgari Ücret Tarifesi) applies. If the parties do not reach an agreement, their right to file a lawsuit is fully preserved. In a dispute that falls within mandatory mediation, if the parties have already been to voluntary mediation and failed to agree, the precondition to filing suit is, as a rule, also deemed to have been met. For details, you can read our article what is voluntary mediation.

How Do You Apply for Mediation? Step by Step

A mediation application is made to the mediation office at the courthouse in mandatory mediation files, and directly to the chosen mediator in voluntary files. In mandatory mediation, the steps followed are usually these:

1. Determine whether the dispute falls within mandatory mediation and which local court has jurisdiction.
2. Make the application, as a rule, to the courthouse mediation office in the place where the competent court is located. In employment disputes, the place of residence of the other party (or of one of them, if there is more than one) or the place where the work is performed is taken as the basis. Where no office has been set up, the application is made to the registry (yazı işleri müdürlüğü) of the civil court of peace (sulh hukuk mahkemesi) designated for this task.
3. In the application form, briefly state the other party's identity and current contact details, the subject of the dispute and your claim.
4. The office appoints a mediator from the list of registered mediators. If the parties jointly agree on a mediator on the list, in practice that mediator is appointed.
5. The mediator invites the parties to the first meeting by telephone, email or in writing. The meeting can be held in person or, where appropriate, by video call.
6. At the end of the talks, a settlement document (anlaşma belgesi) is drawn up if an agreement is reached, and a record of non-agreement (the final report, son tutanak) if it is not.

In voluntary mediation there is no need to go to the office. You can choose a mediator entered in the Ministry of Justice registry of mediators and contact them directly, and you can suggest to the other side that you apply together. Whether your dispute falls within mandatory mediation, and which office the application should be made to, depends on the nature of the claim and the parties' places of residence; a lawyer can assess this in a short meeting.

Information and documents needed to apply

• The applicant's identity details (for foreigners, a passport or foreigner identification number)
• The other party's name or trade name, address and, if possible, telephone number and email address
• A short description of the dispute and the amount or outcome claimed
• Basic documents such as the contract, invoices, the lease agreement, the land registry record or account statements
• For companies, the signature circular (imza sirküleri) and letter of authority; for an application through a lawyer, a power of attorney (vekaletname)

You do not have to submit all the evidence at the application stage. However, preparing in advance the documents you will put on the table during the talks shortens the process. So that your lawyer can sign the agreement on your behalf, check whether the power of attorney contains special powers such as the power to settle (sulh olma yetkisi).

Applying through e-Devlet and UYAP

For some mandatory mediation disputes, an electronic application can be made through e-Devlet, the Turkish government portal, and lawyers can also submit the application through the UYAP Lawyer Portal (UYAP Avukat Portal), part of the judiciary's online system. Which types of dispute are open to electronic application may change over time. For this reason, the soundest approach is to check the options in the system on the day of the application and, if there is no suitable option, to go directly to the office at the courthouse.

How Does the Mediation Process Work and How Long Does It Take?

The mediation process begins when the mediator calls the parties to the first meeting, and it ends within the statutory time limits with a settlement document or a final report. At the first meeting, the mediator explains the principles of the process, confidentiality and the fee, and then listens to the parties. The talks may extend over more than one session. Where necessary, the mediator also meets the parties separately.

In mandatory mediation, the time limits run from the date on which the mediator is appointed:

• Employment and consumer disputes: three weeks; where necessary, the mediator may extend this period by up to one week.
• Commercial disputes: six weeks; where necessary, this may be extended by up to two weeks.
• Lease, partition of co-owned property, condominium and neighbour law: three weeks; where necessary, the mediator may extend this period by up to one week (HUAK Art. 18/A).

These are the maximum periods within which the mediator must conclude the file. The rule that really matters is a different one: from the date of the application to the mediator until the date on which the final report is drawn up, limitation periods are suspended and time limits for the loss of rights (hak düşürücü süreler) do not run. You still need to be careful with claims that have short time limits. For example, in a claim for reinstatement, the application to the mediator must be made within one month of service of the termination notice, and if no agreement is reached, a lawsuit must be filed at the labour court within two weeks of the final report.

Consequences of not attending the first meeting

In mandatory mediation, a party who does not attend the first meeting without a valid excuse faces a serious costs risk. Under HUAK Art. 18/A, this party is named in the final report and, in the lawsuit filed later, is as a rule held liable for all of the court costs (yargılama giderleri) even if they win the case in part or in full; in addition, no attorney's fee (vekâlet ücreti) is awarded in their favour. If neither party attends, each party bears the court costs it has incurred itself.

You do not have to come in person to attend. A party can also attend the meeting through their legal representative or lawyer; in practice, it is common for companies to send an employee with a letter of authority. If you have an excuse, notify the mediator before the meeting, with supporting documents if possible. Which excuses count as valid may be assessed differently from file to file.

The Settlement Document and the Annotation of Enforceability

If an agreement is reached at the end of the mediation, the solution reached is turned into a written settlement document, and under HUAK Art. 18 this document can acquire the status of a court judgment (ilam). The parties decide the content of the document. A well-drafted settlement document clearly shows the amount of payment, the due date, the method of payment, the consequence that applies in the event of delay, and which enforcement proceedings or lawsuits are being waived.

There are two ways for the document to become enforceable:

• If the settlement document is signed jointly by the parties and their lawyers together with the mediator, it is deemed a document having the force of a court judgment (ilam niteliğinde belge) without the need for an annotation of enforceability.
• In other cases, the parties ask the court for an annotation of enforceability (icra edilebilirlik şerhi). For mediation carried out before a lawsuit is filed, this annotation is requested from the civil court of peace in the place where the mediator performed their duties; for mediation carried out during a lawsuit, it is requested from the court hearing the case.

For agreements concerning rights in rem over immovable property, the annotation is obtained from the civil court of peace in the place where the property is located, and the court also examines whether the agreement complies with the statutory restrictions concerning the property. For settlement documents on the partition of co-owned property, on the other hand, obtaining an annotation of enforceability is mandatory even if the document has been signed by the lawyers (HUAK Art. 18 and Art. 18/B).

At this stage the court does not hear the dispute again. It only examines whether the content of the agreement is suitable for mediation and for compulsory enforcement. The parties cannot later file a lawsuit on matters covered by the settlement document; that is why every line of the text needs to be read before signing. We explain what to do if the agreement is not complied with in our article how to enforce a mediation agreement.

Mediation Fees and Costs

The mediation fee is calculated according to the Mediation Minimum Fee Tariff, which the Ministry of Justice sets anew every year and publishes in the Official Gazette (Resmî Gazete). Because the amounts change every year, we do not give figures in this article. You can check the current tariff in the Official Gazette or on mevzuat.gov.tr.

In mandatory mediation, the basic rules are as follows:

• If the parties do not reach an agreement, the mediation fee for two hours is, as a rule, paid from the budget of the Ministry of Justice (by the Treasury). This amount is included in the court costs of a lawsuit filed later and can be collected from the party that loses the case.
• If an agreement is reached, the fee is paid by the parties in equal shares unless otherwise agreed.
• How the fee is covered for talks lasting longer than two hours may vary according to the type of dispute and that year's tariff.

Apart from the mediation fee, items such as correspondence, copies of documents and lawyer's fees may also arise. In voluntary mediation, the whole fee is, as a rule, borne by the parties and shared in the proportion they agree between themselves.

The Lawyer's Role in Mediation

In mediation, the lawyer protects the client's interests, assesses the legal risks and makes sure that the text of the agreement can be enforced. The mediator is impartial and cannot give you legal advice. Your lawyer fills this gap. In an employee's claim, the correct calculation of severance pay and notice pay; in a lease file, of the current rent; and in a commercial receivable, of interest and exchange rate differences, determines the figure you bring to the table.

In practice, the lawyer's contribution becomes clear at the following points:

• setting the claim and the negotiation limit before the meeting,
• comparing the other side's offers with the likely length and cost of a lawsuit,
• keeping the statements made during the talks consistent,
• drafting the settlement document so that it is enforceable and leaves no room for dispute.

Av. Kaan Karanfiloğlu is also a mediator entered in the registry of mediators (Registration No. 41909). Since the mediator's impartiality is a legal requirement, he acts as a mediator in suitable files and as the lawyer for one of the parties in others; the two roles are never taken on together in the same dispute. You can find the scope of the mediation service on our mediation page.

Common Mistakes When Applying for Mediation

Mistakes in a mediation application are usually procedural errors, ranging from applying to the wrong office to overlooking time limits. In the files we handle in Istanbul as Karanfiloglu Law Firm, the problem we come across most often is that the other party's current telephone number and address are missing from the application. When the mediator cannot reach the party, a report may be drawn up without any talks being held, and the chance of a settlement is lost without ever being used.

1. Misjudging the scope. Filing a lawsuit directly in a dispute subject to mandatory mediation leads to the case being dismissed on procedural grounds and to a serious loss of time. Before filing a lawsuit, check whether the claim is on the list.
2. Not attaching the final report to the statement of claim. The claimant must attach the original of the final report, or a copy certified by the mediator, to the statement of claim. If it is not attached, the court gives a final period of one week; if this period is also missed, the case is dismissed on procedural grounds.
3. Not including all parties in the application. Leaving out one co-owner in a partition case, or one of the joint tenants in a lease dispute, can cause problems in the lawsuit filed later.
4. Reaching an agreement with someone without authority. If the person attending the meeting on behalf of a company has no authority, whether the agreement is binding becomes open to dispute. Ask for the letter of authority or the signature circular before the meeting.
5. Signing a vague text. A general statement such as "The parties have settled the matter of the receivable" cannot be enforced. The amount, the due date and the payment account must be stated clearly.

In short, the answer to the question of how to apply for mediation depends on the type of dispute. In mandatory mediation files you apply to the office at the courthouse, and in voluntary files to the mediator you choose. On either route, correctly identifying the other party and the competent place, preparing the documents before the first meeting and drafting the text of the agreement carefully help turn the process into a meaningful negotiation.

Speak with a Lawyer in Istanbul

If you would like advice on your own situation, Karanfiloglu Law Firm is a registered law firm in Istanbul serving Turkish and foreign clients across Turkey. You can reach us by phone or WhatsApp on +90 532 659 35 11, by email at karanfiloglu.lawyer@gmail.com, or visit our office at Merkez Mah. Hasat Sk. No:12, 34384 Şişli / İstanbul. Contact us to discuss your situation.

Frequently Asked Questions

How and where do you apply for mediation?

In mandatory mediation, the application is, as a rule, made to the courthouse mediation office in the place where the competent court is located; the office appoints a mediator. In voluntary mediation, you choose a mediator entered in the registry yourself and apply directly to that mediator. For some types of dispute, an electronic application through e-Devlet or UYAP is also possible.

What is voluntary mediation, and how does it differ from mandatory mediation?

Voluntary mediation means that, in a dispute where the law does not make mediation mandatory, the parties go to a mediator of their own accord. The parties choose the mediator and, as a rule, the parties also pay the fee. In mandatory mediation, by contrast, a lawsuit cannot be filed without first going to a mediator, and the mediator is, as a rule, appointed by the office at the courthouse.

Is mediation mandatory in neighbour law disputes?

Yes. Since 1 September 2023, disputes arising from neighbour law fall within mandatory mediation under HUAK Art. 18/B. For a complaint about noise, smells or excessive use of property, for example, you must apply to a mediator before filing a lawsuit. The same rule applies to disputes arising from condominium ownership.

Who pays the mediation fee?

In mandatory mediation, if the parties do not reach an agreement, the fee for two hours is, as a rule, covered by the Treasury and can be collected from the party that loses the lawsuit filed later. If an agreement is reached, the fee is paid by the parties in equal shares unless otherwise agreed. The amounts are set according to the Mediation Minimum Fee Tariff published every year.

Can I file a lawsuit if the other party does not come to the mediation meeting?

Yes. If the other party does not attend, the mediator draws up the final report, and you can file a lawsuit with this report. A party who does not attend the first meeting without a valid excuse is, as a rule, held liable for all of the court costs even if they win the lawsuit in part or in full, and no attorney's fee is awarded in their favour.

How long does the mediation process take?

In mandatory mediation, the period is three weeks (with an extension of up to one week) for employment, consumer, lease, partition of co-owned property, condominium and neighbour law disputes, and six weeks (with an extension of up to two weeks) for commercial disputes. In other mandatory mediation files, it is advisable to confirm the exact period with the mediator; some files can also be concluded in a single meeting. In voluntary mediation, the parties set the schedule.

Do you have to go to mediation with a lawyer?

No, the parties can attend the meeting in person. However, if the settlement document is signed jointly by the parties and their lawyers together with the mediator, it is deemed a document having the force of a court judgment without the need for an annotation of enforceability. In addition, a lawyer's support often makes a practical difference to calculating the receivable correctly and drafting an enforceable text.

If an agreement is reached in mediation, can a lawsuit be filed later?

No, the parties cannot later file a lawsuit on the matters covered by the settlement document. The route to court may remain open for claims not included in the document. For this reason, it is important that the text lists one by one which receivables are included in the agreement.

About the Author

Av. Kaan Karanfiloğlu is the founder of Karanfiloglu Law Firm, a registered law firm based in Istanbul serving Turkish and foreign clients across Turkey. He is a lawyer registered with the Istanbul Bar Association (Registration No. 58270) and the Union of Turkish Bar Associations (No. 133074), and a registered mediator (Mediator Registration No. 41909). He has practised law in Turkey since 2017. He graduated from Galatasaray University Faculty of Law in 2016. He advises clients in Turkish, English and French; the firm serves Russian- and Chinese-speaking clients through advisors at the office whose native languages are Russian and Chinese.

Disclaimer: This article provides general information about Turkish law and does not constitute legal advice. Laws, regulations, official fees and procedures change over time, and every situation is different. Please consult a qualified lawyer for advice on your own particular circumstances. No liability is accepted for any loss arising from reliance on the information in this article.