FAQ · Practice & Disputes

Is mediation mandatory in commercial lawsuits?

We explain what mediation as a precondition for litigation means in commercial disputes.

Updated · July 20261 min readCategory · Dispute Resolution
Short answer

In Türkiye, for a significant portion of commercial debt and compensation lawsuits, applying to a mediator before filing suit is a mandatory precondition for litigation.

Mediation as a precondition to litigation

In the commercial disputes enumerated in the law, if a lawsuit is filed without first applying to a mediator, the case may be dismissed on procedural grounds. For this reason, the type of dispute should be checked at the very outset.

Strategic impact

Mediation is not merely a formality. It can be an effective resolution tool in terms of confidentiality, speed, cost, and preserving the commercial relationship between the parties.

Confidentiality from the outset

From the first contact, the information you share is handled in accordance with professional confidentiality and data protection principles.

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Related questions

The choice should be based on the value of the dispute, the need for confidentiality, speed, the counterparty's position, enforceability, and the dispute resolution clause in the contract.

In arbitration, the dispute is resolved before arbitrators chosen by the parties rather than the state courts. The process is generally confidential, draws on specialist expertise, and the resulting award is more easily enforced at the international level.

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