Mandatory Mediation (Arabuluculuk) and Criminal Settlement (Uzlastirma) Procedures in Turkiye

Mediation and criminal reconciliation are two distinct alternative dispute resolution methods in Türkiye. This blog explains which disputes require mandatory mediation before a lawsuit, the core procedures, and how mediation compares to criminal reconciliation (uzlastirma) under Turkish law.

What is Mediation in Türkiye?

Mediation ("arabuluculuk") was introduced into Turkish law by Law No. 6325 on Mediation in Civil Disputes. A neutral and certified mediator facilitates structured communication between the parties to help them reach a mutual agreement. In principle, mediation is voluntary; however, for certain types of civil disputes, mediation is mandatory before filing a lawsuit. If this step is skipped, the court will reject the case procedurally.

When is Mediation Mandatory?

As of the latest legal framework, mediation is a legal requirement ("dava şartı") in the following civil and commercial disputes:

Real Estate and Neighborhood Disputes

• Disputes arising from lease agreements (excluding eviction through enforcement proceedings).

• Partition or dissolution of joint ownership of movable or immovable property.

• Disputes arising under the Condominium Law (Kat Mülkiyeti Kanunu).

• Disputes between neighbors.

Commercial Disputes

• Disputes arising from claims involving a specific monetary value such as compensation, debt recovery, objection annulment, negative declaratory actions, and restitution claims, provided they fall under the scope of the Turkish Commercial Code (TCC).

Employment Disputes

Under the Labor Courts Law:

• Reinstatement lawsuits.

• Claims for employee or employer receivables and compensation under labor laws or employment contracts.

Note: Disputes involving workplace accidents or occupational diseases are excluded from mandatory mediation.

Consumer Disputes

Under the Consumer Protection Law:

• All disputes under the jurisdiction of consumer courts (except where the matter falls under consumer arbitration boards).

What Happens If You Don’t Comply?

If you try to file a lawsuit in any of these dispute types without first applying for mediation, the court will send you a notice. You will be required to submit the final mediation report within one week. Failure to comply results in procedural dismissal of your case.

Courts have ruled inconsistently on whether a late mediation attempt can save a case. The Supreme Court of Türkiye (Yargıtay) has at times allowed lawsuits to proceed when the mediation step was completed before trial began. However, other rulings reject this flexibility, favoring strict application of the law.

Is Mediation Still Possible After Filing a Lawsuit?

Yes. Voluntary mediation can be initiated anytime, even after a lawsuit begins. Courts often encourage it. However, in cases where mediation is legally required before trial, it must be completed beforehand for the lawsuit to be valid.

Which Cases Are Not Eligible for Mediation?

Some disputes cannot be mediated because parties are not legally permitted to settle them or because another legal route is required:

• Public law matters, tax disputes, and criminal cases

• Divorce, annulment of marriage, child custody

• Identity, guardianship, and inheritance record changes

• Bankruptcy and insolvency cases

• Administrative and zoning matters

• Cultural property disputes

What is Uzlastirma (Criminal Reconciliation)?

Uzlastirma is a criminal justice mechanism aimed at restoring harmony between the offender and the victim, applied in certain criminal cases. It is governed by Articles 253 to 255 of the Turkish Criminal Procedure Code (CMK).

The process is managed by a certified reconciler (uzlastirmaci), and if the parties reach agreement, prosecution is halted or the case is dismissed.

When is Uzlastirma Applied?

Uzlastirma is possible for:

• Crimes subject to complaint by the victim

• Crimes with a maximum penalty of up to three years of imprisonment or fines

• Cases involving child suspects or victims

• Select crimes listed in the Penal Code (e.g., simple assault, threats, theft, fraud, violation of residence, minor injury)

Crimes involving sexual offenses, public morality, and major violence are excluded.

How Uzlastirma Works

1. During the investigation phase, the public prosecutor determines whether the crime is suitable for uzlastirma.

2. A file is sent to the reconciliation bureau and a reconciler is appointed.

3. The reconciler contacts the parties, and negotiations begin.

4. If they reach an agreement, a reconciliation report is signed.

5. If terms are met (e.g., an apology, compensation, public service, donation), the case is closed.

This report becomes enforceable like a court ruling. If the agreement is not fulfilled, it can be enforced as a debt instrument.

Key Differences Between Mediation and Uzlastirma

FeatureMediation (Arabuluculuk)Uzlastirma (Reconciliation)Legal AreaCivil and commercial lawCriminal lawVoluntary or MandatoryBothMandatory in qualifying crimesThird Party RoleMediatorReconcilerResult if SuccessfulBinding agreementNo trial or dismissalEnforcementEnforceable contractEnforceable as court order

Conclusion

Both mediation and uzlastirma help reduce the burden on Turkish courts and provide quicker, less confrontational paths to resolution. If you're involved in a civil, commercial, labor, or criminal case in Türkiye, understanding whether mediation or uzlastirma is required can save you time and cost.

Always consult a lawyer to check whether your dispute qualifies for mandatory mediation or criminal reconciliation.