Article 5/A requires pre-suit mediation for specified commercial monetary actions. The commercial period is six weeks from appointment, extendable by at most two weeks. A missing report after completed mediation differs from never applying before suit. Article 18/A(11), amended in 2024, now uses a half-cost and half-attorney-fee rule in qualifying first-meeting non-attendance cases, not the earlier all-cost rule.
In Türkiye, mediation is voluntary for many civil disputes, but legislation makes an application to mediation a condition for bringing specified claims to court. Mandatory application does not mean that a party must accept a settlement. Commercial mandatory mediation began on 1 January 2019.
Article 5/A of the Turkish Commercial Code (Law No. 6102), introduced by Law No. 7155 and amended by Law No. 7445, covers specified commercial actions concerning monetary receivables, compensation, annulment of an objection, negative declarations and restitution. The classification of the dispute and the relief sought matter: it is not a requirement for every dispute involving a business.
An application is made to the mediation bureau where the competent court is located, or to the designated court office where no bureau exists. The bureau appoints a mediator from its official list. If the parties agree on a mediator on that list, that mediator is appointed.
For commercial disputes within Article 5/A, the mediator must conclude the process within six weeks from appointment. In compulsory circumstances, the mediator may extend it by at most two weeks. This commercial rule must not be confused with the general three-week period and one-week extension in Article 18/A of Law No. 6325.
If mediation ends without agreement, the claimant must attach the original final report or a mediator-certified copy to the lawsuit petition. Two different procedural situations should be distinguished:
Under Article 18/A, limitation periods stop running and forfeiture periods do not run between the bureau application and preparation of the final report. Exact dates and any special rules should be checked for the particular claim.
Article 18/A preserves exceptions where a special statute requires arbitration or another alternative dispute-resolution route, or where an arbitration agreement exists. Transitional provisions also matter for proceedings already pending when a new mandatory-mediation requirement took effect.
An urgent need for interim protection is not a general exemption from mediation for the underlying commercial claim. Article 18/A contains rules about the time for filing the principal action after interim measures or attachment. The required procedural sequence should be assessed separately from the urgency of the application.
Article 18/A(11), as amended by Article 25 of Law No. 7531 in 2024, applies where mediation ends because a party fails to attend the first meeting without a valid excuse. That party is identified in the final report. Even if partly or wholly successful in the subsequent case, it is responsible for half of the litigation expenses that the opposing party would otherwise be obliged to pay. The attorney-fee award in its favour is half of the amount determined under the Minimum Attorney Fee Tariff.
The earlier statement that such a party necessarily bears all court costs and receives no attorney-fee award is no longer the wording of this provision. Where mediation ends because both parties fail to attend the first meeting, each bears its own litigation expenses in the later proceedings. Historical disputes and applicable transitional rules need individual assessment.
Mediation can give parties an opportunity to negotiate a tailored resolution. Whether it saves time or money depends on the dispute and whether agreement is reached; the statutory duration is not a guarantee of settlement. Confidentiality, permitted use of mediation materials and enforcement of an agreement remain subject to the applicable provisions of Law No. 6325.
Check the commercial character of the claim, application venue, parties and requested relief before filing. This overview does not assess the admissibility of a particular lawsuit or promise an outcome.
Source-check update: 27 September 2026. General information, not case-specific legal advice. No independent legal review of this update is claimed.
