Mediation has been recognized by the Turkish legal system through the Turkish Mediation Act on Civil Disputes dated 22 June 2012 entered into force on 23 June 2013, and has been strongly promoted by the Ministry of Justice ever since due to the heavy workload of the judiciary.
What is mediation and why mediate?
If exponential litigation costs, lengthy cases, or uncertainty about a judicial outcome is an issue for you in your business, then mediation is a very viable option in Turkey.
Mediation is a process that helps parties to a dispute make agreements and find settlement without having a judgment imposed on them in a court.
Mediation is confidential, voluntary and flexible. By agreeing to mediate, you retain control of the outcome. The process does not start or continue without the parties’ agreement so you can control costs, and stop the process at any time without a decision being bound upon you.
An agreement reached through mediation in Turkey has the power of a court judgment after fulfilling simple conditions.
Stamp duty applicable to a mediation agreement is subject to a fixed fee as opposed to a percentage of the total amount (which will be applicable in case of court actions).
Mediation can be used in a wide range of civil and commercial disputes in Turkey that might otherwise end up in court including:
Breach of contract
Partnership & shareholder disputes
Real estate disputes
Construction & building works
Workplace & employment (subject to mandatory mediation under Turkish law)
Malpractice claims & professional negligence
Border & neighbour disputes
Divorce (only monetary claims & division of family assets)
According to the statistics published by the Ministry of Justice, as of January 2018, 19,292 mediation cases in Turkey out of 21,517 cases ended in peaceful settlement, which represents 90% success rate. These rates are expected to increase significantly with the introduction of mandatory mediation in labour disputes as of January 2018.
What is the cost?
As a rough guide please refer to the minimum charges imposed by the Mediation Department of the Ministry of Justice in 2018.
How can I find a mediator in Turkey?
At Polat Skidmore | Law & Mediation Office, we have a panel of expert mediators ready to listen to your issues or needs.
Contact us now and make an appointment to talk your situation through:
tel: +90 252 712 95 91
Ms. DENİZ POLAT SKIDMORE, practices as a licensed mediator registered with the Ministry of Justice in Turkey, and she is one of the founding members of EGE Mediation & Dispute Resolution Center in Marmaris, Turkey.