Implementing Legislation
Turkey enacted the Law Regarding the Approval of the United Nations Convention on International Settlement Agreements Resulting from Mediation No 7282, published in the Official Gazette on 11 March 2021 and entered into force on the same day. The Law No. 7282 was approved by the Presidential Decree No. 3866 on 22 April 2021.
Procedure for Enforcing International Mediated Settlement Agreements
The settlement agreement reached as a result of a mediation carried out in accordance with the provisions of the Law on Mediation in Civil Disputes No. 6325 (the Mediation Law) is a judgment document according to Article 18 of the Mediation Law and can be executed in Turkey accordingly. Parties may submit the agreement to an enforcement court, and may demand for the issuance of a commentary regarding its enforceability.
The execution in Turkey of a settlement agreement reached as a result of a mediation that is not made within the scope of the provisions of the Mediation Law may be subject to the provisions of the Singapore Convention.
Other National Mediation Laws
Mediation as a way of formal dispute resolution has been introduced in Turkey by the Law on Mediation in Civil Disputes No. 6325 (the Mediation Law). The Mediation Law entered into force on 22 June 2013, and has seen mediation becoming more common in Turkey.
Subsequently, the Law on Labour Courts No. 7036 was enacted on 25 October 2017: according to Article 3 of said Law, mandatory mediation became a pre-requisite for litigation of monetary claims raised by both employees and employers within labour disputes.
Later on, the Law on the Procedure of Initiating Debt Enforcement Proceedings for Payment Claims under Subscription Agreements No. 7155 was published in the Official Gazette dated 19 December 2018 to introduce mandatory mediation in commercial disputes.
As of October 2020, mediation is mandatory before filing a lawsuit in commercial, labour and consumer disputes. Since the introduction of mandatory mediation for certain types of commercial disputes, mediation has become a widespread practice for dispute settlement in Turkey.