If a Turkish agency or publisher owes you money, or you owe them, and talks have stalled, a lawsuit may not be your next step. For certain commercial claims, Article 5/A of the Turkish Commercial Code makes an application to a mediator a condition for filing the case at all. A charter operator that paid for a sponsored feature and never got it needs to know that before a lawyer drafts a petition. This is not legal advice.
Two statutes carry the rule: the Turkish Commercial Code (Law 6102) and the Law on Mediation in Civil Disputes (Law 6325).
Why a mediation step sits in front of the courtroom
The first paragraph of Article 5/A of the Commercial Code (Opens in a new tab) says that, among the commercial cases named in Article 4 and in other laws, an application to a mediator before filing is a condition of the case for claims whose subject is a sum of money: receivables, compensation, actions to annul an objection, actions for a declaration of non-debt and actions for restitution. A condition of the case means the court checks it before looking at the merits.
What happens if you skip it
Article 18/A of the Mediation Law (Opens in a new tab) says that if it becomes clear that a case was filed without applying to a mediator, the case is dismissed on procedural grounds because the condition is missing, with no further step taken. The documentation has no statement on what a dismissal means for a claim near its limitation period. Practical suggestion: check the category of your claim against the list before any court paperwork starts.
What counts as a commercial case
Article 4 of the Commercial Code treats civil cases arising from matters connected with the commercial enterprise of both parties as commercial cases. It also lists specific laws whose subjects are commercial regardless of the parties. For a business buying services from a vendor, the first practical question is whether both sides acted within their commercial businesses. A court decides how a particular file is classified.
Claims inside the rule and claims the text does not mention
The wording is narrow: the subject must be a sum of money, and the case type must be one of the five named. The table translates each term into a vendor-dispute situation. It is a reading aid, not a classification.
| Term in the article | Vendor-dispute situation it may resemble |
|---|---|
| Receivable for a sum of money | Recovering a prepaid fee for work never delivered, or a vendor chasing an unpaid invoice |
| Compensation | Damages claimed for a breach of the service contract |
| Action to annul an objection | Challenging a debtor's objection to enforcement proceedings |
| Declaration of non-debt | Asking a court to find that you do not owe the amount demanded |
| Restitution | Getting back money that was already paid |
A claim that is not about money, for instance a demand to restore access to an account, is not listed. The documentation has no statement on whether such a claim needs mediation first.
Arbitration clauses and other special regimes
Article 18/A also says its provisions apply where other laws make mediation a condition. Separately, where special laws require arbitration or another alternative dispute route, or where an arbitration agreement exists, the mediation-as-condition provisions of that article do not apply. If your vendor contract names an arbitration forum, read that clause together with this paragraph before you plan anything. The documentation has no statement on how the two interact.
A misreading to avoid: the demand letter is not the application
A written notice to the publisher and an application to the mediation office are separate steps. Article 5/A names an application to a mediator as the condition of the case. The documentation has no statement that a notice sent to the publisher takes the place of that application. Practical suggestion: keep the notice and the application as two separate records. One shows the attempt to settle directly, the other shows that the condition was met.
Example scenario: a yacht charter company and a travel publisher
Example scenario: a yacht charter company pays a travel publisher in advance for a featured listing and two articles for the summer booking season. The publisher posts the listing late and never publishes the articles. The charter company sends a written notice, receives no reply, and wants the prepaid fee for the undelivered articles back.
Both sides are businesses and the demand is money. In the language of the article, the claim looks like a receivable or a restitution claim, so the first filing is not a petition to a court but an application to the mediation office. The company's task before applying is to assemble facts, not arguments.
What the charter company collects first
- The publisher's registered name, tax details and every known address, email and phone number.
- The signed order form or accepted offer, with the delivery list.
- The invoice and bank record showing payment.
- Screenshots or page addresses of what was published, with dates.
- The written notice and any reply.
The same case from the publisher's side
The publisher receives an invitation. It should compare the claim with its own delivery log, decide whether it will propose a partial refund, and attend, because Article 18/A attaches a cost consequence to unexcused absence.
Filing the application
The fourth paragraph of Article 18/A sends the application to the mediation office at the place of the competent court, or to the designated clerk's office where no mediation office exists. How to determine the competent court depends on the contract and the other party's location. The text does not lay out jurisdiction rules.
Choosing the mediator
Under the fifth paragraph the office picks a mediator from the list notified to the justice commissions. If the parties agree on any person on that list, that person is assigned. The third paragraph says the directorate lists mediators who want to serve, stating their areas of expertise where they have any. Practical suggestion: if your dispute concerns digital media, ask the office whether a mediator with relevant expertise is on the list.
Contact details
The applicant gives the office all contact details for itself and, if available, for the other side. The office may also search official records. The mediator then informs the parties of the assignment by any means of communication and invites them to the first meeting, informing the principal party even when a lawyer is involved, and records each notice. Missing details slow the invitation.
Challenging the office's jurisdiction
The other side may object to the office's jurisdiction no later than the first meeting by submitting documents on the point. The file then goes to the civil court of peace, which decides without fees and, at the latest within one week, finally. If the objection succeeds, the applicant may apply to the competent office within one week of the notification, and the date of the first application counts as the application date. A wrong office therefore does not erase your filing date.
The clock: two statutes, two sets of weeks
The second paragraph of Commercial Code Article 5/A gives the mediator six weeks from the date of assignment to conclude the application, extendable by up to two weeks in cases of necessity. The ninth paragraph of Mediation Law Article 18/A gives three weeks and a possible extension of up to one week.
| Statute and provision | Period | Extension |
|---|---|---|
| Commercial Code, Art. 5/A, para. 2 | Six weeks from assignment | Up to two weeks, if necessary |
| Mediation Law, Art. 18/A, para. 9 | Three weeks from assignment | Up to one week, if necessary |
The six weeks and the two-week extension are in paragraph 2 of Commercial Code Article 5/A. The three weeks and the one-week extension are in paragraph 9 of Mediation Law Article 18/A. The documentation has no statement on how the two provisions relate. Time limits depend on the current version: statutes change, and the current text is on the legislation portal.
The first meeting and the cost of staying away
The eleventh paragraph of Article 18/A covers the situation where mediation ends because one party skipped the first meeting without a valid excuse. That party is named in the final record. Paragraph 11 of Article 18/A provides that failing to attend the first meeting without a valid excuse can carry consequences for court costs. If neither party attends, each keeps its own court costs.
Preparing for the meeting
- Record the date and the channel of the invitation.
- If you cannot attend, send a documented excuse in advance.
- Write your claim on one page: what you want, which document supports it, which outcome you would accept.
- List the objections you expect and your answers.
Spoken offers
Practical suggestion: treat any offer made in the room as unfinished until it is written with an amount, a date and a deliverable. The documentation has no statement on how offers made in a failed mediation may be used later. Avoid offering what you would not stand behind.
Ending the process and the final record
The tenth paragraph lists four situations in which the mediator ends the activity, draws up a final record and reports to the office: the parties could not be reached, the parties did not attend so no meeting took place, the parties reached an agreement, or the parties failed to agree. A claimant who plans to sue needs the record on failure to agree.
Under the second paragraph, the claimant must attach the original or a mediator-certified copy of the record to the petition. If it is missing, the court sends a notice giving one week as a final period, with a warning that the case will be dismissed on procedural grounds otherwise. If the warning is ignored, the petition is dismissed without being served on the defendant.
| Outcome | What the text says |
|---|---|
| Parties unreachable | Mediator ends the activity and issues a record |
| No attendance, no meeting | Same, and the absent party is named |
| Agreement | Activity ends and a record is drawn up, fees are separately regulated |
| No agreement | Activity ends, claimant attaches the record to the petition |
The documentation has no statement on the legal force and enforceability of a settlement document.
Fees and costs
If the parties settle, the mediation fee is split equally unless they agree otherwise, and it cannot be less than the two-hour fee in the tariff. If the parties cannot be reached, do not attend, or fail to agree after meetings lasting under two hours, the two-hour fee is paid from the Ministry of Justice budget. If they fail to agree after more than two hours, the portion beyond two hours is split equally unless otherwise agreed. Fees paid from the budget or by the parties count as court costs. The documentation has no statement on the tariff amounts.
Where the meetings take place
The seventeenth paragraph places the meetings, unless the parties agree otherwise, within the area of the justice commission to which the assigning office belongs. If your counterparty is in another city, calculate what that means for your travel before you apply.
Limitation periods during mediation
The fifteenth paragraph says that from the application to the office until the final record is drawn up, the limitation period is suspended and no forfeiture period runs. For someone counting down a deadline on a prepaid fee, that matters: the days between application and record are not counted. It does not revive a claim that had already expired. The documentation has no statement on the length of the limitation period itself.
Building the evidence file
A mediation meeting is not a hearing, yet each side still presents its case. A tidy file shortens the first hour.
| Document | What it proves |
|---|---|
| Contract or accepted offer | What was promised, by when, for what price |
| Invoice and payment record | Amount and date paid |
| Delivery records and reports | What was and was not delivered |
| Notices and replies | When and how you reported the shortfall |
| Calculation note | How your demanded sum was reached |
Checklist before you apply
- Is the signed or accepted contract in your hands?
- Do payment records match the contract on date and amount?
- Are the screenshots or page addresses dated?
- Did you send a written notice and allow time for a reply?
- Are all contact details for the other side collected?
- Can you state the demanded sum in one sentence?
For the notice stage, see how the dispute process works when a guest post is not delivered. If only part of a link package arrived, partial delivery in a backlink package helps decide which part of the price to claim.
Ordering the file by date
Practical suggestion: merge the documents into one timeline: order date, payment date, promised delivery date, first complaint, vendor reply, last notice. A one-page timeline with the supporting document named beside each line lets the mediator grasp the dispute at a glance.
Tying the number to documents
If the contract prices each deliverable separately, use those prices. If it does not, explain how you split the total between delivered and undelivered work. The documentation has no statement on how the sum should be calculated. A clear one-sentence method protects you from a side argument.
Office expenses
The fourteenth paragraph deals with the necessary expenses the office itself must meet. If the parties settle, the expenses are paid by the parties under the agreement. If they do not, the Ministry of Justice budget covers them, to be collected later from whichever party turns out to be in the wrong. The documentation has no statement on amounts. For a business planning its cash, the useful point is that the party who loses the later case may end up repaying more than its own share.
A calendar for the charter company
Example scenario: the charter company applies on a Monday. The office assigns a mediator a few days later. From the assignment date, the Commercial Code gives six weeks with a possible two-week extension, and the Mediation Law gives three weeks with a possible one-week extension. The company writes both dates in its diary. When the final record arrives, the company has one task left before the petition: attach the record. The calendar costs nothing and prevents the surprise of an earlier end date.
From the final record to the petition
- Receive the final record stating that no agreement was reached.
- Request a certified copy if you will attach a copy instead of the original.
- Place the record at the front of the petition file.
- Check that the claim in the petition matches the claim in the application.
- File the petition with the record attached.
Step four is a practical suggestion rather than a statutory requirement. The documentation has no statement on what happens when the petition claims more than the application did, so keep the two aligned.
What mediation does not decide
The mediator is not a judge. The paragraphs on the process describe how it starts, how long it runs and how it ends. The documentation has no statement giving the mediator a power to impose a result. Either party remains free to refuse a proposal, which is why the record of failure to agree exists. Practical suggestion: judge each offer on its own terms and do not accept an arrangement only because the room is pressing for an answer.
Questions to ask the office before filing
- Which office has jurisdiction for this dispute?
- Which mediators on the list have expertise in digital services?
- Which contact details must I supply, and in what format?
- How will the invitation reach the other side?
- Which provision does the office cite for the time limit in my file?
File diary for the charter company
| Entry | What to record |
|---|---|
| Application | The date and the office. Limitation is suspended from this date under paragraph 15 |
| Assignment | The mediator's name and the date. Both periods in the time-limit table run from this date |
| First meeting | Date of the invitation, the channel it came by and who attended |
| Final record | Its date, whether it records agreement or no agreement, and where the original or certified copy is kept |
| Petition | A note confirming the record was attached |
Mistakes to avoid
Waiting for the other side to move first
The condition is on the party who files. If you want to sue, you apply.
Filing at the wrong office
The right office is where the competent court sits. A mistake can be corrected within one week of the decision on jurisdiction, as described earlier.
Leaving the record out of the petition
The court gives one week as a final period and then dismisses the case. Attach the record as soon as you receive it.
Skipping the meeting without an excuse
The absent party is named in the record. Paragraph 11 of Article 18/A provides that failing to attend the first meeting without a valid excuse can carry consequences for court costs.
Ignoring an arbitration clause
Read the contract's dispute clause next to the eighteenth paragraph before applying.
A short decision rule
| Question | If yes | If no |
|---|---|---|
| Did both sides act within their commercial businesses? | Continue to the next question | The documentation has no statement on how Art. 5/A applies |
| Is the case one of the five listed types? | Continue | The documentation has no statement |
| Is its subject a sum of money? | Mediation is a condition of the case | The documentation has no statement |
| Was the dispute taken to enforcement proceedings? | Enforcement proceedings are not a lawsuit. Commercial Code Art. 5/A, para. 1 lists the action to annul an objection among the cases covered by the condition | The documentation has no statement |
| Does the contract contain an arbitration agreement? | Read it with paragraph 18 first | Apply to the office |
Rule: if the first three answers are yes and no arbitration agreement exists, apply to the mediation office before filing in court. Enforcement proceedings are not a lawsuit. Commercial Code Art. 5/A, para. 1 lists the action to annul an objection among the cases covered by the condition.
If you are the one invoicing
An agency or publisher chasing an unpaid invoice meets the same rules. Keep the accepted order, the delivery log and the invoice together. If you receive an invitation, record its date, answer in writing, and plan to attend. Practical suggestion: write down the lowest settlement you would accept and the point you will not give up before the first meeting. A vendor might offer to refund part of the fee and finish the remaining items. Turn that offer into a written term with amounts and dates.
What a settlement note should name
Practical suggestion: name both parties, describe the dispute in one line, state the sum and the payment date, list the deliverables with dates, and say what happens if a deliverable is late. The documentation has no statement on a form for the settlement document, so clarity is your protection.
Frequently Asked Questions
Can a charter company sue a publisher for a refund without applying to a mediator?
Where the case is a commercial one for a sum of money, such as a receivable, compensation or restitution claim, Article 5/A of the Commercial Code makes the application a condition of the case. Under Article 18/A of the Mediation Law, a case filed without it is dismissed on procedural grounds.
How long does mediation take?
The Commercial Code says six weeks from assignment, extendable by up to two. The Mediation Law says three weeks, extendable by up to one. The documentation has no statement on which one applies.
What if the other side never shows up?
The party that stays away without a valid excuse is named in the final record. Paragraph 11 of Article 18/A provides that failing to attend the first meeting without a valid excuse can carry consequences for court costs.
What must be attached to the lawsuit afterward?
The claimant attaches the original or a mediator-certified copy of the record stating that no agreement was reached. If it is missing, the court sets a one-week final period.
Does mediation stop the limitation clock?
Under Article 18/A, limitation is suspended from the application to the office until the final record is drawn up. This is not legal advice.
Does the rule apply when the contract has an arbitration clause?
Article 18/A says the mediation-as-condition provisions do not apply where special laws require arbitration or another alternative route, or where an arbitration agreement exists. Read the clause with that paragraph.
Conclusion
In short: check whether the claim is a commercial one for money, build the evidence file, apply to the office, attend the first meeting and attach the record of failure to agree to any petition. This is not legal advice.
If you want delivery and reporting records organised from the first day of your next order, see the backlink packages page.
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