Voluntary Mediation

Voluntary mediation is an alternative dispute resolution method available in private law disputes over which the parties can freely decide. Before going to court, the parties seek a settlement with the help of an impartial mediator.

Voluntary mediation allows legal disputes to be resolved quickly and amicably. At Bursa Mudanya Law Office, we offer professional support to help you settle your disputes amicably.

What Is Voluntary Mediation?

Voluntary mediation is a method that allows disputes permitted by law to be resolved amicably before going to court. The process is conducted with an impartial, specialist mediator registered with the Ministry of Justice.

The key points to know about voluntary mediation are:

• It is a voluntary process: The process is managed entirely according to the parties' wishes. Either party has the right not to start the process or to end it at any point.

• Confidentiality is fundamental: Discussions between the parties are entirely confidential and cannot be shared with any third party. Information shared during the meetings cannot be used as evidence against a party afterwards.

• A neutral environment: The parties try to reach agreement with an impartial, independent mediator who has no connection to either of them. The mediator is equidistant from both sides.

• Settlement, not adjudication: A mediator is not a judge or an arbitrator. The parties set the terms of the agreement entirely themselves. No trial takes place, and the meetings do not determine who is right or wrong.

• A result with the force of a judgment: The settlement agreement drawn up at the end of mediation has the force of a court judgment. The parties reach an agreement that takes the place of a court decision. The dispute ends definitively, and no lawsuit can be filed on the same matter.

Which Disputes Can Go to Voluntary Mediation?

This route is available in all private law disputes in which the parties can freely contract, settle or pursue enforcement.

Frequently used areas include:

• Commercial disputes: Contracts between companies, non-compete obligations, commission agreements or receivables arising from cheques and promissory notes.

• Compensation claims: Material and moral damages claims arising from breach of contract or torts.

• Family and inheritance law: Return of gifts after a broken engagement, division of property after divorce, the amount of alimony and the partition of an inherited estate.

Note on employment law: Voluntary mediation is also very often used in employee–employer disputes such as severance pay, notice pay or reinstatement.

To learn more about how this process works for businesses and the advantages it offers, see our page Voluntary Mediation in Employment Law (in Turkish).

Which Disputes Cannot Go to Voluntary Mediation?

Mediation is not available for matters of public order that individuals cannot change by their own will.

For example, voluntary mediation is not possible in:

• Criminal cases

• Actions to change or correct civil registry records

• Child custody and allegations of domestic violence

• Full remedy and annulment actions within the jurisdiction of the administrative courts

• Service determination (insurance status) actions in employment law

How Does Voluntary Mediation Work?

The process consists of certain stages, though their order can be adapted as needed:

1. Choosing the Mediator

The parties can start the process by jointly agreeing on any mediator registered in the mediation registry. Our firm's founders, Med. Att. Ömer SEFA and Med. Att. Zeynep KARACA, serve as official mediators with the Ministry of Justice.adalet.gov.tr/Home/arabuluculistesi/).

2. Preparation

The appointed mediator contacts the parties and informs them about the process. At this stage, a "mediator agreement" setting out rights and obligations is concluded between the parties and the mediator. The place and time of the first meeting are then set jointly.

3. The First Meeting

At the first session, the parties' demands and claims are heard and any evidence they hold is examined. Negotiations begin, and the mediator tries to bring the parties to common ground. The meetings are entirely confidential; nothing said here can be used as evidence in a future lawsuit.

4. End of the Mediation Process

The process ends when the parties agree, when one party withdraws, or when the mediator determines that "there is no longer any prospect of settlement". It also ends automatically in situations such as death. Whatever the outcome, the mediator draws up a "final report".

5. Drafting the Settlement Agreement

If the meetings end positively, a settlement agreement containing the terms agreed by the parties is drawn up. To avoid future problems, the agreement must be in writing and detailed.

6. Obtaining an Enforceability Annotation

For the agreement to have the force of a court judgment, an enforceability annotation must be obtained from the Civil Court of Peace where the mediator served.

Important exception (5-signature rule): If the settlement agreement is signed jointly by the parties, their lawyers and the mediator, there is no need to go to court. The document is treated directly as a court judgment and can be enforced.

What Is a Mediation Agreement?

In practice, two concepts are often confused:

• Mediation agreement: An agreement between the parties stating, "If a dispute arises between us, we will take it to a mediator rather than to court." It can be made before or after a dispute arises.

• Mediator agreement: The agreement made after the process begins between the parties and the mediator, setting out the fee, working conditions and legal rights.

Representation by a Lawyer in Voluntary Mediation

Being represented by a lawyer at the mediation table is not mandatory. However, the documents signed there are final and binding.

A clause signed in a moment of inattention, or without fully understanding the legal terms, can completely remove your right to sue in the future. To avoid losing rights, you should conduct the process with a specialist.

To protect your rights both in your own applications and in invitations from the other side, you can use our Mandatory Mediation Application and Representation service. With a special power of attorney authorising mediation, you can be represented without having to attend the meetings in person.

How Long Does Voluntary Mediation Take?

Unlike mandatory mediation, there are no strict statutory time limits. The process continues until the parties settle or it becomes clear that the process has stalled.

In practice, however, disputes are usually concluded in a single session or within a few days.

How Are Mediation Fees Calculated in 2026?

Mediation fees are set according to the official minimum fee tariff published each year by the Ministry of Justice.

The statutory fees and calculation criteria for 2026 are as follows:

1. Hourly Fees for Non-Monetary Disputes (Between 2 Parties, Per Party)

If the process ends without agreement, or the subject of the dispute cannot be measured directly in money, the mediator is paid hourly for the time spent:

• Commercial disputes: TRY 1,500.00 per hour per party.

• Lease, neighbour law and condominium disputes: TRY 1,170.00 per hour per party.

• Employee–employer disputes: TRY 1,130.00 per hour per party.

• Consumer and family law disputes: TRY 1,000.00 per hour per party.

2. Settlement Rates for Monetary Disputes

If the process ends in agreement, the mediation fee is calculated at graduated percentage rates on the total amount agreed.

Where a single mediator serves, the maximum rates are:

• For the first TRY 600,000.00: 6%.

• For the next TRY 960,000.00: 5%.

• For the next TRY 1,560,000.00: 4%.

• As the settlement amount grows, the percentage gradually falls to as low as 0.5%.

3. 2026 Statutory Minimums

Under the tariff, if the process ends in agreement, the total fee payable to the mediator cannot legally fall below certain limits:

• General minimum: However low the settlement amount, the mediation fee cannot be less than TRY 9,000.00 in total.

• Commercial cases and partition: In these disputes, when a settlement is reached, the minimum fee cannot be less than TRY 13,000.00 in total.

To review the official tariff published by the Ministry, all brackets and the statutory provisions directly, visit the official Ministry of Justice 2026 Mediation Minimum Fee Tariff.

Conclusion

When managed correctly, voluntary mediation saves you from years of court costs and stress. But there is no going back on signatures given at the table.

To protect your rights fully and leave the table on the most favourable terms, it is in your interest to seek support from our officially registered specialist team.