April, 2026

JUDICIARY, MEDIATION, AND ARBITRATION IN TÜRKİYE

1. Introduction

Dispute resolution in Türkiye has developed to include not only traditional judicial processes but also alternative dispute resolution methods. The judiciary, mediation, and arbitration are three fundamental and complementary instruments, each offering distinct advantages for resolving disputes between individuals and institutions. This paper provides an overview of the functioning, advantages, and areas of application of both judicial processes and selected alternative dispute resolution methods.

2. Judiciary

The judiciary is the formal mechanism for dispute resolution, conducted through courts under the sovereign authority of the state. In Türkiye, this process is governed by relevant procedural legislation, including the Code of Civil Procedure for private law disputes and the Code of Criminal Procedure for criminal matters.

2.1. Structural Characteristics

• Conducted by independent and impartial courts.

• Procedural rules are comprehensively prescribed by law.

• Decisions are binding and enforceable.

2.2. Procedural Stages

• Compulsory mediation application prior to filing an action (In certain disputes)

• Filing an action

• Litigation proceedings and judgment

• District Court of Appeals (“İstinaf / Bölge Adliye Mahkemesi” Certain decisions of the Court of Appeals are final judgments, and no appeal shall be filed with the Court of Cassation against such decisions)

• Court of Cassation (Temyiz)

2.3. Advantages and Limitations
Judgment remains the most powerful agent in terms of legal certainty and enforceability. However, it is often subject to objection due to the length of proceedings, relatively high litigation costs, and heavy caseloads.

3. Mediation

Mediation is an amicable dispute resolution legal remedy whereby parties voluntarily attempt to resolve their disputes with the assistance of a neutral mediator. In Türkiye, it is applied as a compulsory precondition to litigation in certain areas, particularly in labour and commercial disputes.

3.1. Core Principles

• Voluntariness

• Neutrality and independence

• Confidentiality

• Equality of the parties

3.2. Areas of Application

• Employer–employee disputes

• Commercial disputes

• Consumer disputes

• Lease and eviction disputes

3.3. Advantages

• Expeditious and cost-effective resolution

• Preservation of business and personal relationships

• Flexibility and capacity for innovative solutions

3.4.Institutional Assessment
Mediation has become a key legal remedy that alleviates the workload of the judiciary while enhancing party satisfaction. Its effectiveness continues to increase, particularly in the commercial sphere.

4.Arbitration

Arbitration is a private dispute resolution legal remedy whereby parties agree to submit their disputes to arbitrators instead of state courts. Both domestic and international arbitration practices are well established in Türkiye.

4.1. Types of Arbitration

• Ad hoc arbitration

• Institutional arbitration

4.2. Key Features

• Based on party autonomy

• Arbitrators are typically selected for their subject-matter expertise

• Arbitral awards are binding and enforceable

4.3. Advantages

• Effective resolution of technically complex disputes

• Faster proceedings compared to traditional litigation

• Confidentiality and protection of trade secrets

4.4. Disadvantages

• Potentially high costs (particularly in international arbitration)

• Limited scope of judicial review

• Restricted appeal mechanisms

5. Comparative Assessment

Criteria                         Judiciary                         Mediation                         Arbitration

Duration                         Lengthy                              Short                                Moderate       

Cost                                Medium–High                     Low                                Medium–High

Confidentiality                Limited                               High                               High                 

Binding Effect                 High                                   High                               High                 

Flexibility                        Low                                    High                              Medium–High

6. Conclusion

Dispute resolution methods in Türkiye exhibit a multi-layered and evolving structure. While the judiciary remains a fundamental and indispensable legal remedy, alternative dispute resolutions such as mediation and arbitration offer significant advantages in terms of speed and efficiency.