Question 1

How much is the mediation fee in 2026, and who pays it?

Accepted Answer

If agreement is reached, the fee is calculated on the settlement amount: 6% applies to the first 600,000 TL, and the fee cannot be less than 9,000 TL, or 13,000 TL in commercial disputes and dissolution of co-ownership. Unless otherwise agreed, the parties pay equally. If there is no agreement, the Ministry of Justice covers two hours’ fee; if the meeting exceeds two hours, the excess is paid half each by the parties. The consumer’s share is covered by the Ministry budget.

Question 2

Is it mandatory to attend mediation with a lawyer?

Accepted Answer

No. The parties may attend the mediation meeting in person, through their legal representatives or through their lawyers. However, a settlement document signed jointly by the parties, their lawyers and the mediator acquires the force of a court judgment without the need for an annotation from the court; in commercial disputes the signatures of the lawyers and the mediator are sufficient. For agreements made without lawyers, an enforceability annotation must be obtained from the civil court of peace for enforcement. In disputes such as tenancy and dissolution of co-ownership, the annotation is mandatory in every case.

Question 3

Has the sanction for not attending the first mediation meeting changed?

Accepted Answer

Yes. Under Law No. 7531, in force since 14 November 2024, a party who does not attend without an excuse is no longer liable for all the litigation costs but for half of the litigation costs the other party would pay, even if it is found right in the case. Half of the attorney fee is also awarded in its favour. If neither party attended, each bears its own costs. This sanction does not apply against the consumer.

Question 4

How long does mandatory mediation take?

Accepted Answer

From the date of appointment, the mediator completes the process within 3 weeks in employment, consumer, tenancy, dissolution of co-ownership, condominium and neighbour rights disputes; where necessary the period may be extended by 1 week. In commercial disputes the period is 6 weeks, with an extension of at most 2 weeks. For agricultural production contracts it is 2 weeks plus 1 week. The limitation period is suspended from the application until the final report.

Question 5

What can be done if the money agreed in mediation is not paid?

Accepted Answer

If the settlement document has the force of a court judgment, there is no need for a new lawsuit; enforcement proceedings based on a judgment are started directly. If the document was not signed with lawyers, an enforceability annotation is first obtained from the civil court of peace where the mediator acted. The review is made on the file. In instalment agreements, stating in the document that the whole remaining debt becomes due if one instalment is not paid prevents disputes at the enforcement stage.

Question 6

Can a lawsuit be filed in court when the contract contains an arbitration clause?

Accepted Answer

A lawsuit can be filed, but if the other party raises the preliminary objection of arbitration in its statement of defence and the arbitration clause is not invalid, inoperative or incapable of being performed, the court dismisses the case on procedural grounds. If the other party does not object in time, the case continues to be heard in court. In disputes covered by a valid arbitration agreement, the provisions on mediation as a precondition for suit also do not apply.

Question 7

Can an arbitral award be challenged, and what is the time limit?

Accepted Answer

There is no appeal to the regional court (istinaf) against an arbitral award; only an action to set aside may be filed. The action is filed before the regional court of appeal at the seat of arbitration within 1 month of notification of the award in domestic arbitration, and within 30 days in international arbitration. The grounds for setting aside are exhaustively listed in the law, such as invalidity of the arbitration agreement, the arbitrator exceeding its authority, breach of the right of defence or violation of public policy. In domestic arbitration, the action to set aside does not automatically stop enforcement.

Question 8

What is ISTAC arbitration, and who can apply?

Accepted Answer

The Istanbul Arbitration Centre is an arbitral institution established by Law No. 6570 and provides arbitration, mediation and mediation-arbitration services in private law disputes with or without a foreign element. To apply, the contract must contain an arbitration clause designating ISTAC, or the parties must agree in writing on ISTAC after the dispute arises. There is fast-track arbitration for small-value cases and an emergency arbitrator procedure for urgent interim measures.

Mediation — frequently asked questions

Mediation

Let us look at your situation together