How does Turkey’s mandatory mediation process work for property disputes between buyers and developers before filing a lawsuit?

Most buyer–developer property disputes in Turkey must go to mediation before you can sue. If the buyer is a consumer, consumer mediation applies; if both sides are merchants, commercial mediation applies. Mediation is a formal condition of litigation, and courts will reject a case that skips it.

Scope: when mediation is compulsory in buyer–developer disputes

Disputes arising from residential sales to individuals are generally treated as consumer disputes under the Consumer Protection Law No. 6502. Article 73/A, introduced in 2020, makes mediation a mandatory pre‑condition to filing a lawsuit in consumer courts, except where the matter falls within the jurisdiction of Consumer Arbitration Committees, which have their own mandatory route for lower‑value claims. For higher‑value consumer claims against a developer, you must apply to mediation before suing in a consumer court. [2][3][9]

If the buyer is not a consumer (for example, a company buying units from a developer), the claim is a commercial dispute. Article 5/A of the Turkish Commercial Code, added in 2018, requires mediation as a condition of litigation for monetary and compensation claims arising from commercial disputes. Many construction and off‑plan sale conflicts between corporate buyers and developers therefore also trigger mandatory mediation before a commercial case can be filed. [4]

A 2023 reform extended mandatory mediation to several civil areas, including rent, condominium law (kat mülkiyeti), and neighbor law. Where post‑handover issues with developers overlap with condominium law topics—such as defects in common areas pursued by owners’ associations—mediation is now required before filing. The exact categorisation depends on the claim’s legal basis and the court that would ordinarily hear it. [5]

How the process works: application, timetable, and conduct

You apply to the mediation bureau (arabuluculuk bürosu) at the courthouse that would be competent for the case, or online through the Digital Government Gateway via the Ministry of Justice “Mediation Application.” The bureau appoints a registered mediator from the official list. The mediator contacts both sides, schedules the first session, and sends invitations, which may be issued electronically under the Mediation Regulation. With the parties’ consent, sessions can be held by video. [1][6][7]

Time limits are short. For consumer disputes, Article 18/A of the Mediation Law sets a three‑week period from the mediator’s appointment, extendable once by one week. Commercial disputes have a longer period under Article 5/A of the Commercial Code: six weeks, with a possible two‑week extension. The mediator explores settlement and cannot impose a decision. A party who fails to attend the first meeting without a valid excuse is treated as having lost the case regarding costs if a lawsuit follows. [1][4]

Mediation is confidential. Communications cannot be used in court, and mediators cannot be called as witnesses about the talks. Limitation and peremption periods stop running from the date of application to the mediation bureau and resume when the final record is issued, so you do not lose time while trying to settle. These safeguards are set in the Mediation Law and its Regulation. [1][6]

Fees, outcomes, and enforceability of a settlement

Statute and the annual fee tariff set the costs. Where mediation is a condition of litigation and the parties do not settle, the mediator’s fee for the first two hours is paid from the Ministry of Justice budget; beyond that, the parties split the cost equally unless they agree otherwise. If the parties settle, they can allocate costs in the settlement text. Under Article 18/A of the Mediation Law, a party that skips the first session without a valid excuse must bear all mediation costs if the dispute later goes to court, even if that party wins on the merits. [1]

A settlement agreement signed by the parties and the mediator can receive an enforceability annotation (icra edilebilirlik şerhi) from the competent court and then has the same effect as a court judgment. This allows direct enforcement of obligations such as paying a sum, delivering a unit, or completing listed defect repairs. However, the transfer of ownership in an immovable still requires registration at the land registry; a mediation settlement cannot by itself substitute for registration to transfer title under Article 705 of the Turkish Civil Code. Parties often structure settlements to include steps that lead to registration at the land registry office. [1][8]

Practical points for foreign buyers and off‑plan claims

For off‑plan or newly built units, common consumer claims include delay penalties, refund of deposits, price adjustments, and repair of construction defects. Mediation can cover all of these, and the agreement can set deadlines, penalties for late performance, and documentary steps for delivery or correction. Gather your sale contract, addenda, payment records, correspondence, and any expert or technical reports on defects. Mediation can be held with an interpreter, and invitations and minutes may be issued electronically as permitted by the Mediation Regulation. Raise language needs with the mediator at the outset so the time limits are used well. [6]

Watch the interface with Consumer Arbitration Committees. For consumer disputes under the annual monetary threshold and within the committees’ jurisdiction, the mandatory path is to apply to the committee rather than to mediation or court; consumer courts will not hear such cases until the committee route is completed. For higher‑value disputes or issues outside the committees’ scope, mediation is the required first step before filing in consumer court. Check the Ministry of Trade’s current guidance on committee competence and monetary limits for the applicable year. For complex or high‑value claims, instruct a lawyer admitted in Turkey to frame the claim correctly and protect your position on damages and limitation periods. [9]

Next step

Confirm who the defendant will be on the title and contract side, note their registered address, and determine which court would have jurisdiction. Then file your application through the e‑Devlet “Mediation Application” service, specify that the dispute arises from a property sale, and request an early session date. Ask the mediator about remote attendance and interpreter availability, and prepare a concise settlement proposal backed by your documents. For large financial claims, seek tailored advice from a licensed Turkish attorney; this article provides general information only.

Related Questions:
– How do Consumer Arbitration Committees handle real estate disputes and when must you use them instead of court?
– What defects in new-build apartments are the developer’s responsibility under Turkish law?
– Does the 2023 mandatory mediation reform cover condominium disputes with developers and site managers?
– What documents should a buyer collect to prove construction delays or defects in Turkey?

References:
[1] Official Gazette (Resmi Gazete). “Law No. 6325 on Mediation in Civil Disputes.” https://www.resmigazete.gov.tr/eskiler/2012/06/20120622-2.htm
[2] Official Gazette (Resmi Gazete). “Law No. 7251 Amending the Code of Civil Procedure and Certain Laws (introducing Article 73/A to Law No. 6502 on consumer mediation).” https://www.resmigazete.gov.tr/eskiler/2020/07/20200728-4.htm
[3] Official Gazette (Resmi Gazete). “Law No. 6502 on Consumer Protection.” https://www.resmigazete.gov.tr/eskiler/2013/11/20131128-1.htm
[4] Official Gazette (Resmi Gazete). “Law No. 7155 (adding Article 5/A on mandatory mediation in commercial disputes to the Turkish Commercial Code).” https://www.resmigazete.gov.tr/eskiler/2018/12/20181219-8.htm
[5] Official Gazette (Resmi Gazete). “Law No. 7445 Amending the Enforcement and Bankruptcy Law and Certain Laws (expanding mandatory mediation to rent, condominium, neighbor law).” https://www.resmigazete.gov.tr/eskiler/2023/04/20230405-1.htm
[6] Official Gazette (Resmi Gazete). “Regulation on Mediation in Civil Disputes.” https://www.resmigazete.gov.tr/eskiler/2018/06/20180602-1.htm
[7] Digital Government Gateway (e‑Devlet). “Mediation Application – Ministry of Justice.” https://www.turkiye.gov.tr/adalet-arabuluculuk-basvurusu
[8] Official Gazette (Resmi Gazete). “Turkish Civil Code No. 4721 (Article 705 on acquisition of ownership).” https://www.resmigazete.gov.tr/eskiler/2001/12/20011208.htm
[9] Republic of Türkiye Ministry of Trade. “Consumer Arbitration Committees.” https://tuketici.ticaret.gov.tr/hakem-heyetleri

Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or investment advice. Property law and tax rules in Turkey change frequently. Consult a licensed Turkish lawyer, accountant, or real estate professional before making any purchasing decision.