Mandatory mediation before going to court

For certain disputes, applying to a mediator before going to court is a precondition of the lawsuit. A case filed without mediation is dismissed on procedural grounds without examining the merits, which costs both time and money.

Which disputes are covered?

Article 18/B of the Mediation in Civil Disputes Law No. 6325 covers disputes arising from leases, the division of movable and immovable property and partition, the Condominium Law, and neighbour relations. Similar requirements apply to commercial, employment and consumer disputes under separate laws.

There is one exception for leases: eviction of leased property through summary enforcement under the Enforcement and Bankruptcy Law does not require mediation.

How the process works

The application is made to the mediation office at the courthouse and a mediator is appointed from the list. The parties attend in person or through their lawyers. The talks are confidential; offers and statements made during mediation cannot be used as evidence in a later lawsuit.

The force of a settlement

If the parties agree, disputes under Article 18/B require an enforceability annotation on the settlement. For property settlements, it is obtained from the civil court of peace where the property is located, which also checks compliance with property legislation.

For settlements transferring property or creating a limited real right, registration can then be requested from the land registry without a separate official deed. This makes mediation a real route to resolution rather than just a preliminary step.

Our view

Treating mediation as a formality is a common mistake. Going in unprepared loses the chance of settlement and weakens the position taken in a later lawsuit. The file should be prepared as if the case were about to be filed, with the points open to compromise identified in advance.

Related reading: Commercial disputes; Mediation and settlement.