Law No. 6325 on Mediation in Civil Disputes

(1) The purpose of this Law is to regulate the procedures and principles applicable to the resolution of civil disputes through mediation.

(2) This Law shall apply to the resolution of private law disputes, including those containing a foreign element, arising only from matters or transactions over which the parties may freely dispose. However, disputes involving allegations of domestic violence are not suitable for mediation.

(1) In the application of this Law;

a) Mediator: the natural person who conducts mediation activity and is registered in the register of mediators maintained by the Ministry,

b) Mediation: the voluntary dispute resolution method conducted with the participation of an impartial and independent third person who has received specialised training, who, by applying systematic techniques, brings the parties together for the purpose of discussions and negotiations, establishes a communication process between them so that they understand each other and thereby produce their own solutions, and who may also propose a solution where it becomes apparent that the parties are unable to produce one,

c) Ministry: the Ministry of Justice,

ç) Department: the Department of Mediation to be established within the General Directorate of Legal Affairs,

d) General Directorate: the General Directorate of Legal Affairs,

e) Added: 12/10/2017, Law No. 7036, Art. 17 Administration: the administrations and institutions listed in schedules (I), (II), (III) and (IV) annexed to the Public Financial Management and Control Law No. 5018 dated 10/12/2003, local administrations defined in Law No. 5018 and enterprises established by such administrations, other public institutions, boards, supreme boards and organisations established by special law, state economic enterprises and their subsidiaries, establishments and enterprises, and other companies more than fifty per cent of whose capital belongs to the public sector,

f) Board: the Mediation Board,

g) Register: the register of mediators,

shall have the meanings given above.

(1) The parties are free to apply to a mediator, to continue, to conclude or to withdraw from the process. Added sentence: 6/12/2018, Law No. 7155, Art. 22 However, the provision of Article 18/A on mediation as a precondition to filing an action is reserved.

(2) The parties shall have equal rights both when applying to a mediator and throughout the entire process.

(1) Unless otherwise agreed by the parties, the mediator shall be obliged to keep confidential the information and documents submitted to him or her or otherwise obtained within the framework of the mediation activity, as well as other records.

(2) Unless otherwise agreed, the parties and other persons participating in the discussions shall also be obliged to comply with confidentiality in this regard.

(1) Where a civil action is filed or arbitration is resorted to in relation to the dispute, the parties, the mediator or a third person, including those participating in the mediation, may not put forward the following statements or documents as evidence and may not testify about them:

a) An invitation to mediation made by the parties or a party's request to participate in the mediation activity.

b) Views and offers put forward by the parties for ending the dispute through mediation.

c) Proposals put forward by the parties, or the acceptance of any fact or allegation, during the mediation activity.

ç) Documents prepared solely for the purposes of the mediation activity.

(2) The provision of paragraph 1 shall apply regardless of the form of the statement or document.

(3) Disclosure of the information specified in paragraph 1 may not be requested by a court, an arbitrator or any administrative authority. Even if such statements or documents have been submitted as evidence contrary to paragraph 1, they may not form the basis of a judgment. However, such information may be disclosed to the extent required by a provision of law or necessary for the implementation and enforcement of the agreement reached at the end of the mediation process.

(4) The foregoing paragraphs shall apply in civil actions and arbitration regardless of whether they relate to the subject matter of the mediation.

(5) Subject to the limitations specified in paragraph 1, evidence that may be put forward in a civil action or arbitration shall not become inadmissible solely because it was submitted in mediation.

(1) Mediators registered in the Register shall have the right to use the title of mediator and the powers conferred by this title.

(2) The mediator shall be obliged to state this title during the mediation activity.

(3) Added: 12/10/2017, Law No. 7036, Art. 19 The Department is authorised to determine the areas of specialisation of mediators and the procedures and principles relating to specialisation.

(1) The mediator shall have the right to claim a fee and expenses in return for the activity performed. The mediator may also request an advance for the fee and expenses.

(2) Unless otherwise agreed, the mediator's fee shall be determined according to the Mediator Minimum Fee Tariff in force on the date on which the activity ends, and the fee and expenses shall be borne equally by the parties.

(3) The mediator may not receive a fee in return for acting as an intermediary for, or recommending, particular persons in relation to the mediation process. Transactions contrary to this prohibition shall be null and void.

(1) The mediator may meet and communicate with each of the parties separately or together. Repealed second sentence: 12/10/2017, Law No. 7036, Art. 20 (…)

(1) The mediator shall perform his or her duty diligently, impartially and in person.

(2) A person appointed as mediator shall be obliged to inform the parties of the existence of significant circumstances and conditions that would give rise to doubts as to his or her impartiality. If, despite this disclosure, the parties jointly so request, the mediator may assume the duty or continue the duty already assumed.

(3) The mediator shall be obliged to observe equality between the parties.

(4) The mediator may not subsequently act as the attorney of one of the parties in an action filed in relation to the dispute in which he or she acted in that capacity.

(1) Mediators are prohibited from engaging in any kind of initiative or conduct that may be regarded as advertising in order to obtain work and, in particular, from using any title other than the titles of mediator, attorney and academic titles on their signboards and printed stationery.

(1) At the beginning of the mediation activity, the mediator shall be obliged to inform the parties properly about the principles, process and consequences of mediation.

(1) An entrance due upon registration in the Register and an annual due for each year shall be collected from mediators.

(2) Entrance dues and annual dues shall be recorded as revenue to the general budget.

(1) The parties may agree to apply to a mediator before an action is filed or during the hearing of the action. The court may also inform the parties about, and encourage them to, apply to a mediator.

(2) Unless otherwise agreed, if a positive response is not given within thirty days to one party's offer to apply to a mediator, the offer shall be deemed rejected.

(3) Added: 12/10/2017, Law No. 7036, Art. 21 A party who needs legal aid to cover the mediation fee may benefit from legal aid by decision of the civil court of peace of the place where the mediation office is located. In this respect, Articles 334 to 340 of the Code of Civil Procedure No. 6100 dated 12/1/2011 shall apply by analogy.

(1) Unless some other procedure has been agreed, the mediator or mediators shall be selected by the parties.

(1) After being selected, the mediator shall invite the parties to the first meeting as soon as possible.

(2) The parties may freely agree on the mediation procedure, provided that it is not contrary to mandatory rules of law.

(3) If not agreed by the parties, the mediator shall conduct the mediation activity taking into account the nature of the dispute, the wishes of the parties and the procedures and principles required for the speedy resolution of the dispute.

(4) Acts which, by their nature, constitute the exercise of judicial power and may be performed only by a judge may not be performed by the mediator.

(5) Where, after an action has been filed, the parties declare that they will jointly apply to a mediator, the court shall postpone the proceedings for a period not exceeding three months. This period may be extended by up to three months upon the joint application of the parties.

(6) Amended: 12/10/2017, Law No. 7036, Art. 22 The parties may participate in mediation negotiations in person, or through their legal representatives or attorneys. Experts who may contribute to the resolution of the dispute may also be present at the negotiations.

(7) Added: 12/10/2017, Law No. 7036, Art. 22 Where it becomes apparent that the parties are unable to produce a solution, the mediator may propose a solution.

(8) Added: 12/10/2017, Law No. 7036, Art. 22 In mediation negotiations, the Administration shall be represented by a commission consisting of two members determined by the top executive and the head of the legal unit or an attorney or legal counsel to be designated by him or her. At the end of the mediation negotiations, the commission shall draw up a reasoned report and keep it for five years.

(9) Added: 12/10/2017, Law No. 7036, Art. 22 Actions for damages arising from the acts performed and decisions taken by commission members within the scope of the mediation activity may be filed only against the State. The State shall have recourse, within one year from the date of payment, against members who abused their duty by acting contrary to the requirements of their duty, for the compensation it has paid.

(10) Added: 12/10/2017, Law No. 7036, Art. 22 The procedures and principles relating to the implementation of this Article shall be regulated by a regulation put into force by the Ministry.

(1) In the case of an application to a mediator before an action is filed, the mediation process shall begin to run from the date on which the parties are invited to the first meeting and an agreement is reached between the parties and the mediator to continue the process and this is documented in minutes. In the case of an application to a mediator after an action has been filed, this process shall begin to run from the date on which the parties accept the court's invitation to mediation, or the parties declare to the court in writing outside the hearing that they have agreed to apply to a mediator, or such declaration is recorded in the minutes at the hearing.

(2) The period elapsing from the beginning to the end of the mediation process shall not be taken into account in calculating limitation periods and peremptory periods.

(1) The mediation activity shall end in the following cases:

a) The parties reaching an agreement.

b) A determination by the mediator, after consulting the parties, that further efforts for mediation are unnecessary.

c) One of the parties notifying the other party or the mediator that it withdraws from the mediation activity.

ç) The parties terminating the mediation activity by agreement.

d) Amended: 12/10/2017, Law No. 7036, Art. 23 A determination that the dispute is not suitable for mediation.

(2) At the end of the mediation activity, whether the parties have reached agreement, have failed to reach agreement, or how the mediation activity was concluded shall be documented in minutes. This document, to be drawn up by the mediator, shall be signed by the mediator, the parties, their legal representatives or attorneys. If the document is not signed by the parties, their legal representatives or attorneys, it shall be signed only by the mediator, stating the reason.

(3) The parties shall decide which matters, other than the outcome of the activity, are to be written in the minutes drawn up at the end of the mediation activity. The mediator shall give the parties the necessary explanations regarding these minutes and their consequences and, if the parties are not present, shall inform the absent parties using all means of communication.

(4) Upon termination of the mediation activity, the mediator shall be obliged to keep, for a period of five years, the notification made to him or her regarding this activity, the documents deposited with and held by him or her, and the minutes drawn up pursuant to paragraph 2. The mediator shall send a copy of the final minutes drawn up at the end of the mediation activity to the General Directorate within one month from the end of the mediation activity.

Added: 28/3/2023, Law No. 7445, Art. 33

(1) For the performance of settlement agreements resulting from mediation within the scope of the Convention accepted by Law No. 7282 dated 25/2/2021 on the Approval of the Ratification of the United Nations Convention on International Settlement Agreements Resulting from Mediation, it is mandatory to obtain an annotation of enforceability from the commercial court of first instance.

(2) The annotation of enforceability may be requested from the court of the place agreed by the parties or, if there is no agreed place, respectively from the court of the domicile of the other party in Türkiye, from the court of the place where it resides, or, if there is no domicile or place of residence in Türkiye, from one of the courts of Ankara, İstanbul or İzmir.

(3) The examination regarding the granting of the annotation of enforceability shall be conducted on the case file, in accordance with the provisions of the Convention and Article 18. The court may, where necessary, hold a hearing, stating its reasons.

Added: 28/3/2023, Law No. 7445, Art. 34

(1) Disputes relating to the transfer of immovable property or the creation of limited rights in rem over immovable property are suitable for mediation.

(2) In disputes within the scope of paragraph 1, where the parties so agree in writing and the mediator records this decision in minutes, an annotation that the power of disposition has been restricted shall be entered in the land register at the request of the mediator, limited to the mediation process and for a period not exceeding three months from the date on which it is entered. This annotation shall be removed at the request of the mediator where the parties fail to reach agreement or agree on the removal of the annotation, and automatically at the end of the three-month period.

(3) Where the parties reach agreement at the end of the mediation process, the agreement document shall be drawn up having regard to the restrictions and the procedures and principles set out in the laws concerning the transfer of immovable property or the creation of limited rights in rem over immovable property.

(4) It is mandatory to obtain an annotation on the enforceability of the agreement document, and this annotation shall be obtained from the civil court of peace of the place where the immovable property is located. In its examination, the court shall review the content of the agreement as to whether it is suitable for mediation and compulsory enforcement and whether the restrictions and the procedures and principles set out in the laws concerning the transfer of immovable property or the creation of limited rights in rem over immovable property have been complied with; within this scope, it may request information or documents from institutions or organisations and may hold a hearing where necessary.

(5) The provision of Article 18 shall apply to other matters relating to the granting of the annotation on the enforceability of the agreement document.

(6) Added: 7/11/2024, Law No. 7531, Art. 24 After the annotation of enforceability has been granted, one of the parties to the agreement document may request registration from the land registry directorate. After the necessary examination and assessment provided for in the legislation relating to the immovable property has been carried out by the land registry directorate, the request for registration shall be fulfilled without the drawing up of an official deed.

(1) The scope of the agreement reached at the end of the mediation activity shall be determined by the parties; where an agreement document is drawn up, it shall be signed by the parties and the mediator.

(2) If the parties reach an agreement at the end of the mediation activity, they may request that an annotation on the enforceability of this agreement document be granted. If mediation was resorted to before an action was filed, the granting of the annotation on the enforceability of the agreement may be requested from the civil court of peace of the place where the mediator performed his or her duty. If mediation is resorted to during the hearing of an action, the granting of the annotation on the enforceability of the agreement may be requested from the court hearing the action. An agreement containing this annotation shall be deemed a document having the nature of a court judgment.

(3) The granting of the annotation of enforceability is a matter of non-contentious jurisdiction and the related examination shall be conducted on the case file. However, in disputes relating to family law that are suitable for mediation, the examination shall be conducted with a hearing. The scope of this examination shall be limited to whether the content of the agreement is suitable for mediation and compulsory enforcement. A fixed fee shall be charged for the application to the court for the granting of an annotation of enforceability to the agreement document and, where the interested party appeals against the decisions given thereon to the regional court of appeal, for such appeal. If the parties wish to use the agreement document in another official transaction without having an annotation of enforceability granted, stamp duty shall also be charged at a fixed rate.

(4) Added: 12/10/2017, Law No. 7036, Art. 35 Except in cases where obtaining an annotation of enforceability is made mandatory by law, an agreement document signed jointly by the parties, their attorneys and the mediator, or, in respect of commercial disputes, by the attorneys and the mediator, shall be deemed a document having the nature of a court judgment without requiring an annotation of enforceability.

(5) Added: 12/10/2017, Law No. 7036, Art. 24 Where an agreement is reached at the end of the mediation activity, the parties may not file an action concerning the matters agreed upon.

Added: 6/12/2018, Law No. 7155, Art. 23

(1) Where the relevant laws provide that having applied to a mediator is a precondition for bringing an action, the following provisions shall apply to the mediation process.

(2) The claimant must attach to the statement of claim the original, or a copy certified by the mediator, of the final minutes stating that no agreement could be reached at the end of the mediation activity. In the event of failure to comply with this requirement, the court shall send the claimant a summons containing the warning that the final minutes must be submitted to the court within a peremptory time limit of one week, failing which the action shall be dismissed on procedural grounds. If the warning is not complied with, the court shall decide to dismiss the action on procedural grounds without serving the statement of claim on the opposing party. Where it is understood that the action was brought without applying to a mediator, the court shall, without taking any further step, decide to dismiss the action on procedural grounds for lack of a precondition for bringing an action.

(3) The Department shall list those mediators registered in the registry who wish to mediate pursuant to this article, indicating their fields of expertise, if any, according to the justice commissions of the judicial courts of first instance at which they wish to serve, and shall notify the lists to the presidencies of the relevant commissions. The commission presidencies shall send these lists to the mediation offices within their judicial districts and, in places where no mediation office has been established, to the chief clerk's office of the civil court of peace which they shall designate.

(4) The application shall be made to the mediation office of the place where the court having jurisdiction according to the subject matter of the dispute is located or, in places where no mediation office has been established, to the designated chief clerk's office.

(5) The mediator shall be determined by the office from the list notified to the commission presidencies. However, where the parties agree on any mediator included in the list, that mediator shall be appointed.

(6) The applying party shall provide the mediation office with all contact information relating to itself and, if in its possession, to the opposing party. The office shall also be authorised to search for the contact information of the parties contained in official records. The relevant institutions and organisations shall be obliged to provide the information and documents requested by the office.

(7) The contact information of the parties shall be provided by the office to the appointed mediator. The mediator shall rely on this contact information and may also, where necessary, carry out searches of his or her own motion. On the basis of the information available, the mediator shall inform the parties of the appointment by using all kinds of means of communication and shall invite them to the first meeting. Added sentence: 28/3/2023, Law No. 7445, Art. 36 Even if a party has an attorney, the mediator shall also inform the party itself. The mediator shall document the steps taken in relation to the information and invitation.

(8) The mediator may not of his or her own motion take into account whether the office making the appointment has jurisdiction. The opposing party may, at the latest at the first meeting, object to the jurisdiction of the mediation office by submitting documents relating to jurisdiction. In this case, the mediator shall immediately hand over the file to the office for it to be sent to the relevant civil court of peace. The court shall, following an examination to be conducted on the file without collecting any fee, decide with finality on the office having jurisdiction within one week at the latest and shall return the file to the office. The court decision shall be served on the parties by the office in accordance with the provisions of the Law on Service of Documents No. 7201 dated 11/2/1959. If the objection to jurisdiction is rejected, the same mediator shall be appointed again and the time limits specified in paragraph 9 shall start from the date of the new appointment. If the objection to jurisdiction is accepted, an application may be made to the office having jurisdiction within one week from the service of the decision. In that case, the date of application to the office lacking jurisdiction shall be deemed to be the date of application to the office having jurisdiction. The office having jurisdiction shall appoint a mediator pursuant to paragraph 5.

(9) The mediator shall conclude the application within three weeks from the date of his or her appointment. In compelling circumstances, this period may be extended by the mediator by one week at most.

(10) Where the parties cannot be reached, or no meeting can be held because the parties do not attend, or the parties reach an agreement, or the parties fail to reach an agreement, the mediator shall terminate the mediation activity, draw up the final minutes and immediately notify the mediation office of the situation.

(11) Where the mediation activity ends because one of the parties fails to attend the first meeting without showing a valid excuse, the party not attending the meeting shall be indicated in the final minutes, and that party shall be held liable for half of the costs of proceedings which the opposing party is obliged to pay, even if it is partially or fully successful in the action. Amended second sentence: 7/11/2024, Law No. 7531, Art. 25 Furthermore, half of the attorney's fee determined according to the Attorneys' Minimum Fee Tariff shall be awarded in favour of that party. In actions to be brought following a mediation activity that ended because neither party attended the first meeting, the costs of proceedings incurred by the parties shall be borne by themselves.

(12) Where the parties reach an agreement at the end of the mediation activity, the mediation fee shall, unless otherwise agreed, be borne equally by the parties in accordance with Part Two of the Mediation Fee Tariff annexed to the Mediation Minimum Fee Tariff. In this case, the fee may not be less than the fee amount for two hours determined in Part One of the Tariff.

(13) Where, at the end of the mediation activity, the parties cannot be reached, no meeting can be held because the parties do not attend, or the parties fail to reach an agreement at the end of meetings lasting less than two hours, the fee amount for two hours shall be paid from the budget of the Ministry of Justice in accordance with Part One of the Tariff. Where the parties fail to reach an agreement at the end of meetings lasting more than two hours, the fee for the part exceeding two hours shall, unless otherwise agreed, be borne equally by the parties in accordance with Part One of the Tariff, taking into account the subject matter of the dispute. The mediation fee paid from the budget of the Ministry of Justice and borne by the parties shall be counted among the costs of proceedings.

(14) The necessary expenses to be incurred by the mediation office pursuant to this article shall be covered from the budget of the Ministry of Justice, to be paid by the parties in accordance with the agreement where an agreement is reached at the end of the mediation activity, and, where no agreement can be reached, to be collected subsequently from the party who proves to be unsuccessful.

(15) During the period from the application to the mediation office until the date on which the final minutes are drawn up, limitation shall be suspended and peremptory periods shall not run.

(16) Where an interim injunction is granted before an action is brought, the time limit for bringing an action set out in paragraph 1 of Article 397 of Law No. 6100 and, where a precautionary attachment is ordered, the time limit for bringing an action set out in paragraph 1 of Article 264 of the Enforcement and Bankruptcy Law No. 2004 dated 9/6/1932, shall not run from the application to the mediation office until the date on which the final minutes are drawn up. Added sentence: 28/3/2023, Law No. 7445, Art. 36 Where, after the application to the mediation office, enforcement proceedings are initiated against the applying party in connection with the subject matter of the dispute, and the applying party brings an action for a negative declaration pursuant to Article 72 of Law No. 2004 against such proceedings within two weeks from the date on which the final minutes are drawn up and so requests, the provision of paragraph 2 of Article 72 of Law No. 2004 shall apply.

(17) Unless otherwise agreed by the parties, mediation meetings shall be conducted within the area of competence of the justice commission of the judicial court of first instance to which the office appointing the mediator is attached.

(18) In cases where special laws require recourse to arbitration or another alternative dispute resolution method, or where there is an arbitration agreement, the provisions on mediation as a precondition for bringing an action shall not apply.

(19) Special provisions on mediation as a precondition for bringing an action adopted in the relevant laws are reserved.

(20) In cases for which there is no provision in this Chapter, the other provisions of this Law shall apply to the extent appropriate to their nature.

Added: 28/3/2023, Law No. 7445, Art. 37

(1) In the following disputes, having applied to a mediator before bringing an action is a precondition for bringing an action:

a) Disputes arising from a lease relationship, excluding the provisions concerning the eviction of leased immovables through enforcement without judgment under Law No. 2004.

b) Disputes relating to the partition of movables and immovables and the dissolution of co-ownership.

c) Disputes arising from the Condominium Law No. 634 dated 23/6/1965.

ç) Disputes arising from neighbour rights.

(2) Where the parties reach an agreement at the end of the mediation process, the agreement document shall be drawn up having regard to the restrictions and the procedures and principles set out in the laws concerning immovables.

(3) Obtaining the annotation concerning the enforceability of the agreement document drawn up within the scope of this article is mandatory; this annotation shall be obtained, for agreement documents relating to immovables, from the civil court of peace of the place where the immovable is located and, for other agreement documents, from the civil court of peace of the place where the mediator performed his or her duty. In its examination of agreement documents relating to immovables, the court shall review the content of the agreement as to whether it is suitable for mediation and compulsory enforcement and whether the restrictions and the procedures and principles set out in the laws concerning immovables have been complied with; within this scope, it may request information or documents from institutions or organisations and may hold a hearing where necessary.

(4) The provision of Article 18 shall apply to other matters concerning the granting of the annotation concerning the enforceability of the agreement document.

(5) Added: 7/11/2024, Law No. 7531, Art. 26 Any of the parties to an agreement document relating to the transfer of an immovable or the establishment of a limited real right over an immovable may, after the annotation of enforceability has been granted, request registration from the land registry directorate. After the land registry directorate carries out the necessary examination and assessment provided for in the legislation relating to the immovable, the request for registration shall be fulfilled without an official deed being drawn up.

(1) The Department shall maintain the registry of persons who have acquired the authority to mediate in private law disputes. Information relating to the persons included in this registry shall also be announced electronically by the Department.

(2) The procedures and principles relating to the maintenance of the registry of mediators shall be governed by a regulation to be prepared by the Ministry.

(1) Registration in the registry shall be made upon the written application of the person concerned to the Department.

(2) In order to be registered in the registry of mediators, a person must:

a) Be a Turkish citizen,

b) Be a graduate of a law faculty with at least five years of seniority in his or her profession,

c) Have full legal capacity,

ç) Amended: 12/10/2017, Law No. 7036, Art. 25 Even if the periods specified in Article 53 of the Turkish Criminal Code No. 5237 dated 26/9/2004 have elapsed, not have been sentenced to imprisonment for more than one year for an intentionally committed offence or, even if pardoned, not have been convicted of offences against the security of the State, offences against the constitutional order and its functioning, embezzlement, extortion by abuse of office, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, rigging the performance of an obligation, laundering of assets derived from crime or smuggling, giving false expert opinions, perjury as a witness and false oath,

d) Added: 5/6/2017, Decree Law No. 691, Art. 9; Adopted without change: 31/1/2018, Law No. 7069, Art. 9 Not have membership of, affiliation with or connection to terrorist organisations,

e) Have completed mediation training and, except for those with twenty years of seniority in their profession, have passed the written (…) examination held by the Ministry,

these conditions are required.

(3) A mediator may commence his or her activity from the date of registration in the registry.

(4) Added: 12/10/2017, Law No. 7036, Art. 25 The Department shall list the mediators registered in the registry according to the justice commissions of the judicial courts of first instance at which they wish to serve, and shall send the lists to the presidencies of the relevant commissions. A mediator may be registered on the lists of at most three commissions.

(1) The Department shall delete the registration of a mediator who has been registered in the registry although he or she does not meet the conditions required for mediation, or who subsequently loses those conditions.

(2) The Department shall warn in writing a mediator whom it determines has failed to fulfil the obligations provided for in this Law; if this warning is not complied with, after obtaining the mediator's defence, it shall, if necessary, request the Board to delete the mediator's name from the registry.

(3) A mediator may at any time request the deletion of his or her registration from the registry of mediators.

(1) Mediation training means training received after completion of a law faculty, comprising basic knowledge relating to the conduct of mediation activity, communication techniques, negotiation and dispute resolution methods and behavioural psychology, as well as other theoretical and practical knowledge to be specified in the regulation.

(1) Mediation training shall be provided by the law faculties of universities that have a law faculty, the Union of Turkish Bar Associations and the Justice Academy of Türkiye. These institutions may provide training by obtaining permission from the Ministry. The list of training institutions granted permission shall be published electronically.

(2) Permission shall be applied for in writing. In this application, reasoned information shall be given on the training programme, the number and expertise of the trainers and the sources of financing of the training institution or the training programme.

(3) If it is determined on the basis of the documents submitted with the application that the training will achieve its purpose and that the continuity of the training activity at the training institutions will be ensured, permission valid for a maximum of three years shall be granted to the relevant training institution.

(1) A training institution registered in the registry may, no earlier than one year and no later than three months before the expiry of its registration period, request in writing the extension of the period of validity of its registration in the registry. Where it is understood from the reports submitted by the training institution pursuant to Article 26 that the mediation training is continuing successfully and the grounds specified in Article 27 do not exist, the period of validity of the permission granted may be extended by three years each time. The training institution shall remain registered on the list until a decision is taken on the application it has made in due time.

(1) Training institutions shall issue to persons who have successfully completed their training a certificate stating that they have completed mediation training.

(1) Training institutions shall submit to the Department, in January of each year, a report on the scope, content and success of the training activities they carried out in the preceding year.

(1) In the following cases, the permission granted to a training institution shall be revoked by the Board upon the request of the Ministry:

a) It being determined that one of the conditions required for granting permission has ceased to exist or did not exist.

b) Failure to provide the training adequately.

c) Forgery or significant errors in the issuance of mediation authorisation certificates.

ç) Failure to fulfil the reporting obligation under Article 26 despite a warning having been given.

d) It being determined that the continuity of the training activity is not ensured.

(1) In order to perform the duties specified in this Law, a Department shall be established within the Directorate General.

(2) In order to perform the duties specified in this Law relating to mediation services, a Mediation Board shall be formed within the Ministry.

(3) Added: 12/10/2017, Law No. 7036, Art. 26 In order to inform those applying for mediation, to appoint mediators and to perform the other duties assigned by law, mediation offices shall be established at courthouses deemed appropriate by the Ministry. The justice commission of the judicial court of first instance shall assign one chief clerk and a sufficient number of staff to work exclusively at these offices. Mediation offices shall operate under the supervision and control of the civil judge of peace designated by the Council of Judges and Prosecutors. In places where no mediation office has been established, the duties of these offices shall be performed, under the supervision and control of the relevant judge, by the chief clerk's office of the civil court of peace designated by the justice commission of the judicial court of first instance.

(1) The Department shall consist of a head of department, a sufficient number of rapporteur judges and other staff.

(1) The duties of the Department are as follows:

a) To ensure that mediation services are carried out in an orderly and efficient manner.

b) To publish on mediation, and to encourage and support scientific studies in this field.

c) To carry out all decisions and transactions relating to the work of the Board, and to cooperate, in relation to its duties, with ministries, other public institutions and organisations, universities, professional organisations having the status of public institutions, foundations and associations working for the public benefit, and volunteer natural and legal persons deemed appropriate.

ç) To promote the institution of mediation, to inform the public on this subject, and to organise or support scientific events such as national and international congresses, symposia and seminars.

d) To monitor mediation practices throughout the country and to keep and publish the related statistics.

e) To submit to the approval of the Ministry the decisions on applications made for this purpose by institutions that will provide mediation training and on requests for the extension of the period of validity of registration in the registry, and to list and publish electronically the training institutions that will provide mediation training.

f) To maintain the registry of mediators, to decide on requests for registration in the registry, to decide on the deletion of a mediator from the registry within the scope of paragraphs 1 and 3 of Article 21, and to announce electronically the information relating to the persons included in this registry.

g) To keep records of the final minutes drawn up by mediators at the end of mediation activities and to retain a copy of each.

ğ) To conduct examinations and research on laws and regulatory acts falling within its field of duty and to make proposals to the Directorate General.

h) To prepare the annual activity report and the activity plan for the following year and submit them for the information of the Board.

ı) To prepare the annual Mediation Minimum Fee Tariff.

(1) The Board shall consist of the following members:

a) The Director General of Legal Affairs.

b) The Head of Department.

c) Two judges to be selected by the Council of Judges and Prosecutors from among first-class judges serving in civil courts.

ç) Three representatives from the Union of Turkish Bar Associations.

d) One representative from the Union of Turkish Notaries.

e) One faculty member in the field of private law selected by the Council of Higher Education.

f) Three mediators to be selected by the Minister of Justice.

g) One representative from the Union of Chambers and Commodity Exchanges of Türkiye.

ğ) Added: 12/10/2017, Law No. 7036, Art. 27 One representative each to be selected by the three confederations of workers' trade unions having the highest number of member workers.

h) Added: 12/10/2017, Law No. 7036, Art. 27 One representative to be selected by the confederation of employers' trade unions having the highest number of member employers.

ı) One representative from the Confederation of Turkish Tradesmen and Craftsmen.

i) The President of the Training Centre of the Justice Academy of Türkiye.

(2) The Chair may invite experts to the meetings of the Board as needed.

(3) The chair of the Board is the Director General. At meetings which the Director General does not attend, the duty of chairing shall be performed by the Head of Department.

(4) The Board shall meet at least twice a year, in March and September. In addition, the Board may be convened at any time at the request of the Chair or of at least five members.

(5) The Board shall take decisions by an absolute majority of its total number of members. The membership of a member who fails to attend two consecutive meetings without an excuse shall terminate.

(6) The term of office of the members of the Board appointed from outside the Ministry is three years. Members whose term of office has expired may be reappointed.

(7) The daily allowances, travel expenses, accommodation and other necessary expenses of Board members coming from other places shall be covered by the Ministry in accordance with the provisions of the Travel Allowance Law No. 6245 dated 10/2/1954.

(8) The working procedures and principles of the Board shall be governed by a regulation.

(1) The duties of the Board are as follows:

a) To determine the fundamental principles concerning mediation services and the professional rules of mediation.

b) To establish the fundamental principles and standards concerning mediation training and the examination to be held at the end of such training.

c) To determine the rules concerning the supervision of mediators.

ç) To finalise, with amendments where necessary, the draft regulations which are required to be issued under this Law and which are prepared by the Directorate General.

d) To revoke the training authorisations of training institutions.

e) To decide on the removal of a mediator from the register within the scope of paragraph 2 of Article 21.

f) To determine the registration fee and the annual fees to be paid by mediators.

g) To approve the Mediation Minimum Fee Tariff, with amendments where necessary.

ğ) To make recommendations with a view to increasing the effectiveness of the activities to be carried out by the Department.

h) To give opinions on the annual activity report and plan of the Department.

ı) To identify the contributions that institutions and organisations may make to implementation with respect to the matters included in the activity plan of the Department.

(1) Any person who, by acting contrary to the obligation under Article 4 of this Law, causes harm to the legally protected interest of a person shall be punished with imprisonment of up to six months.

(2) The investigation and prosecution of these offences shall be subject to a complaint.

(1) The positions set out in the annexed lists No. (1) and (2) have been created and added to the sections relating to the Ministry of Justice of the schedules No. (I) and (II) annexed to Decree Law No. 190 dated 13/12/1983 on General Staff Positions and Procedure.

(1) The expression “mediation,” has been added to subparagraph (d) of paragraph 1 of Article 12 of Attorneyship Law No. 1136 dated 19/3/1969, after the expression “Arbitration”.

(2) In the Code of Civil Procedure No. 6100 dated 12/1/2011:

a) in paragraph 1 of Article 137, the expression “or to mediation” after the expression “to settlement”,

b) in paragraph 2 of Article 140, the expression “or to mediation” after the expression “to settlement”, and in paragraph 3 thereof, the expression “or mediation” after the expression “settlement”,

c) in paragraph 2 of Article 320, the expression “or to mediation” after the expression “the parties to settlement”,

have been added.

(1) The supervision of institutions that will provide mediation training, the determination of the duration, content and standards of training and of the principles and rules of the written (…) examination to be held, the organisation of the register of mediators and the conditions to be required of mediators, the supervision and monitoring of mediators, and other matters concerning the implementation of this Law shall be regulated by regulations to be issued by the Ministry.

(1) The establishment and organisation shall be completed within two months from the date of publication of this Law.

(2) The institutions and organisations provided for in Article 31 of this Law shall notify the Directorate General of the representatives who will serve on the Board within two months from the date of publication of the Law. For the first three years, in place of the three mediators to be selected by the Minister of Justice, the institutions referred to in subparagraphs (ç), (g) and (ğ) of paragraph 1 of Article 31 shall each nominate one additional representative.

(3) The term of office on the Board of the representatives nominated by the relevant institutions in place of mediators shall be one year. At the end of this period, the names of the three mediators to be selected by the Ministry of Justice shall be notified to the Board. Mediators selected in this manner shall complete the terms of office of the Board members in whose place they have been appointed.

(4) The Board shall convene within three months from the completion of the establishment and organisation referred to in paragraph 1. The date of the first meeting of the Board shall be deemed the commencement of the three-year term of office of the Board members.

(1) The regulations provided for in this Law shall be issued within three months from the first meeting of the Board.

Added: 28/3/2023, Law No. 7445, Art. 38

(1) The provisions concerning mediation as a condition of action of Article 18/B, which was added to this Law by the Law introducing this article, shall not apply to actions pending before the courts of first instance, the regional courts of appeal and the Court of Cassation as of the date on which this article enters into force.

(1) Of this Law:

a) Articles 28 to 32 and the provisional articles, on the date of publication,

b) The other provisions, one year after the date of publication,

shall enter into force.

(1) The provisions of this Law shall be executed by the Council of Ministers.