Why Is Mediation a Precondition for Commercial Litigation?

Under Turkish law, mediation is a mandatory precondition before litigation can begin for certain categories of commercial disputes. This gives parties an opportunity to resolve the matter before going to court.

Which disputes require mediation?

Mediation is generally required for commercial disputes involving a monetary claim, such as receivables and damages. Since the exact scope can vary by dispute type, it's important to assess whether a specific matter falls within this requirement before filing suit.

How does the process work?

A mediation application is filed with the mediation office, and a mediator is assigned. The mediator brings the parties together to help them reach an agreement, but has no authority to impose a solution. If an agreement is reached, it becomes enforceable; if not, the parties retain the right to litigate.

Why it matters

Mediation can offer a faster and less costly path than litigation, and allows parties to resolve disputes without damaging an ongoing commercial relationship. Not every dispute is well suited to mediation, so determining the right strategy before starting the process matters.

What happens if this precondition isn't met?

If mediation is a mandatory precondition and suit is filed without it, the court may dismiss the case on procedural grounds. Checking whether a matter falls within the mediation requirement — and that the process was correctly followed — is therefore essential before filing.