Alternative Dispute Resolution in Turkey
Alternative Dispute Resolution (ADR) in Turkey has gained significant momentum over the past two decades. As the traditional court system continues to face challenges such as delays, high litigation costs, and procedural complexity, ADR has emerged as a practical solution offering efficiency, flexibility, and confidentiality. With increasing legal reforms and institutional support, Turkey is gradually aligning its dispute resolution practices with international standards. This article provides an in-depth overview of ADR in Turkey, covering its legal framework, main methods, recent developments, and future prospects.
Legal Framework and Institutional Structure
Alternative Dispute Resolution in Turkey is supported by an evolving legal framework that includes several key laws and regulations:
In terms of institutional oversight, the Department of Mediation under the Ministry of Justice registers mediators, oversees training, and manages statistics. The Union of Turkish Bar Associations also plays a role in promoting ADR awareness and ensuring the ethical practice of ADR professionals.
Mediation in Practice
Voluntary and Mandatory Mediation
Mediation is either voluntary or mandatory, depending on the nature of the dispute. In voluntary mediation, parties agree to seek a solution outside court with the help of a certified mediator. The process is confidential, and any agreement reached has the legal force of a court judgment once approved by the court.
Mandatory mediation has become a powerful tool for reducing the burden on courts. It is now a legal prerequisite in the following cases:
Labor disputes: Since 2018, parties must attempt mediation before filing a claim related to reinstatement, severance pay, or compensation.
Commercial disputes: Since 2019, mediation is mandatory in monetary claims arising from commercial relations.
Consumer disputes: As of 2020, mediation is required in high-value disputes (above a certain threshold determined annually).
The success rate of mandatory mediation is noteworthy. According to Ministry of Justice reports, settlement rates in labor and commercial disputes frequently exceed 50%, demonstrating the effectiveness of the system.
Qualifications of Mediators
Mediators must complete a specialized training program and pass an exam administered by the Ministry of Justice. As of 2024, there are more than 20,000 registered mediators in Turkey. Ongoing training and ethics requirements help maintain professional standards and public trust.
Arbitration: Domestic and International
Arbitration is widely used in Turkey for both domestic and international commercial disputes. Parties often choose arbitration for its finality, expertise, privacy, and enforceability of awards.
Domestic Arbitration
Domestic arbitration is governed by the Turkish Code of Civil Procedure, applicable when all parties are Turkish and the arbitration is seated in Turkey. Key features include:
Parties can agree to ad hoc or institutional arbitration. Arbitrators must act impartially and render an award within one year unless extended by mutual agreement or court intervention. The award is final and can be enforced directly through execution courts, unless annulled on procedural grounds.
International Arbitration
For disputes involving foreign elements, the International Arbitration Law applies. It reflects international best practices and gives parties autonomy over:
Arbitration awards are enforceable under the New York Convention, to which Turkey has been a party since 1992. This allows Turkish arbitration awards to be enforced in over 160 countries and vice versa.
Key Institutions
Conciliation and Negotiation
Conciliation and negotiation are less formal than mediation and arbitration and are often used in private, familial, or administrative matters. While there is no comprehensive legal regulation, these methods are encouraged under the Turkish Civil Code and administrative practice.
Conciliation: Often used in administrative disputes or between state entities and private parties, particularly in tax, zoning, or construction-related issues.
Negotiation: Used extensively by lawyers and in-house counsels, especially in contract disputes and real estate transactions. Parties retain full control over the process and outcome.
Challenges in ADR Implementation
Despite major advancements, several challenges remain in the full implementation and acceptance of ADR in Turkey:
Public Awareness: Many individuals and small businesses are still unaware of ADR or lack trust in its effectiveness.
Training and Quality: Although mediator numbers have increased, there is ongoing concern about maintaining high-quality training and ethical standards.
Judicial Attitudes: Some judges still prefer litigation and may be reluctant to encourage ADR, especially in complex cases.
Cultural Factors: In some segments of society, litigation is still seen as a sign of strength or perseverance, which may discourage early settlement.
Digitalization and ADR
The COVID-19 pandemic accelerated the digital transformation of the Turkish legal system, including ADR. Many mediations and arbitrations are now conducted through online platforms, and the use of e-signature, video conferencing, and electronic document submission is becoming standard practice. The Ministry of Justice is also developing integrated systems to allow parties to initiate and monitor mediation electronically.
This digital shift not only improves accessibility but also reduces costs and supports environmental sustainability.
Future Outlook
Turkey’s ADR landscape is expected to grow significantly in the coming years, supported by the following trends:
Expansion of Mandatory Mediation: There are discussions about introducing compulsory mediation in more fields, such as family law, inheritance, and intellectual property.
Increased Institutionalization: ADR centers are expanding their services, including online dispute resolution (ODR), multilingual support, and industry-specific panels.
International Integration: Turkey aims to become a regional hub for arbitration and mediation in the Middle East and Eurasia. ISTAC and similar institutions are playing a key role in this strategy.
Legislative Reforms: Ongoing updates to ADR laws, training standards, and court practices are being considered to align with EU and UNCITRAL guidelines.
Conclusion
Alternative Dispute Resolution in Turkey is no longer a peripheral option—it is becoming a central pillar of the country’s justice system. With mediation now mandatory in many disputes, arbitration gaining international credibility, and negotiation and conciliation practices on the rise, ADR is transforming how conflicts are managed. Although challenges remain, Turkey is well on its way to developing a robust, accessible, and modern ADR framework that benefits individuals, businesses, and the justice system as a whole.
Attorney Rights in Turkey: Legal Status, Privileges, and Challenges
In Turkey, attorneys play a critical role in the administration of justice and the protection of individual rights. As officers of the court, they are not only legal representatives of their clients but also defenders of the rule of law. Their rights, duties, and protections are primarily governed by the Attorneyship Law No. 1136, enacted in 1969 and amended several times to adapt to the evolving legal and social landscape of Turkey.
This article explores the legal framework surrounding attorney rights in Turkey, focusing on their professional privileges, protections, and the challenges they face in practice.
1. Legal Framework and Status of Attorneys
Attorneys in Turkey must be graduates of a recognized law faculty and must complete a one-year legal internship, which includes both practical and theoretical training. Upon successful completion, they can register with a Bar Association, which grants them the right to practice law independently. The Union of Turkish Bar Associations (Türkiye Barolar Birliği – TBB) serves as the national umbrella organization, overseeing and coordinating bar associations across the country.
Attorneys are considered public legal professionals, distinct from civil servants, and have rights and obligations derived from their legal status.
2. Fundamental Rights and Privileges
The Attorneyship Law outlines several rights and privileges that aim to ensure attorneys can perform their duties independently and effectively:
a. Right to Independence and Freedom of Practice
One of the core principles underpinning the legal profession in Turkey is the independence of attorneys. Attorneys cannot be treated as public servants or employees of their clients. They have the freedom to accept or refuse cases, provided that refusal does not violate the professional ethics of the profession.
b. Right to Access and Communication
Attorneys have the right to communicate with their clients freely and without restriction, especially during detention and imprisonment. Under Article 154 of the Turkish Criminal Procedure Code, attorneys can meet with their clients in custody without the presence of law enforcement officers.
c. Right to Access Case Files and Evidence
Attorneys are entitled to examine and obtain copies of case files, indictments, and evidence, except for documents classified as confidential or restricted under the investigation phase. This right is vital for ensuring the right to a fair trial.
d. Right to Represent and Defend
Attorneys have the authority to represent clients in all judicial and administrative proceedings. This includes the right to submit petitions, present oral arguments, and appeal judgments on behalf of their clients.
3. Protections Under the Law
a. Protection Against Arbitrary Searches
According to Article 58 of the Attorneyship Law, an attorney’s office, residence, and belongings cannot be searched, seized, or inspected unless there is a court decision and a representative of the bar association is present during the process. This protection ensures the confidentiality of the attorney-client relationship.
b. Immunity for Legal Opinions
Attorneys are granted limited legal immunity for statements made in the context of legal proceedings. This immunity is designed to protect them from being prosecuted for professional acts carried out in good faith, including the defense of clients in politically sensitive cases.
c. Confidentiality and Privilege
Attorneys are bound by and protected by professional secrecy obligations. They cannot be compelled to disclose any information they have obtained in the course of their professional activity unless their client explicitly waives this privilege.
4. Ethical and Disciplinary Framework
Attorneys in Turkey are subject to strict ethical codes and disciplinary oversight. The Union of Turkish Bar Associations enforces professional conduct through its Ethical Guidelines and may impose sanctions ranging from warnings to disbarment. Disciplinary actions are typically initiated by bar associations and are subject to judicial review.
Attorneys are expected to maintain integrity, independence, and loyalty to the rule of law. They must not represent conflicting interests and are required to avoid any behavior that may damage the dignity of the profession.
5. Recent Challenges and Human Rights Concerns
In recent years, Turkish attorneys have faced increasing pressure, particularly in politically sensitive cases and during states of emergency. Several international human rights organizations, including the Council of Europe and United Nations, have raised concerns about the arrest, detention, and prosecution of attorneys, particularly those defending clients accused of terrorism-related offenses.
Concerns include:
These challenges have sparked debates about the erosion of judicial independence and the rule of law in Turkey. Various legal reforms have been proposed to better protect the role of attorneys and restore public confidence in the justice system.
6. Role of Bar Associations
Bar associations play a critical role in advocating for attorney rights. They not only regulate and oversee professional conduct but also provide legal support, training, and defense mechanisms for attorneys facing threats or unjust prosecution. Some bar associations have also engaged in public advocacy and legal action to challenge unjust laws and practices.
Conclusion
The rights of attorneys in Turkey are well-articulated in national legislation and are essential to the proper functioning of a democratic legal system. However, the implementation of these rights remains a challenge, especially in politically sensitive contexts. For Turkey to uphold its commitment to the rule of law and human rights, it is imperative that the independence, safety, and dignity of attorneys are fully respected and protected.
Continued legal reform, stronger institutional safeguards, and international cooperation are key to ensuring that Turkish attorneys can carry out their essential duties without fear or obstruction.
INTERNATIONAL LAW INVESTMENT AND DEVELOPMENT ASSOCIATION (ILIDA)
International Law Investment and Development Association (ILIDA) is a non-governmental organisation dedicated to fostering trade and investment in Turkey while expanding global opportunities for Turkish investors abroad, especially with the EU countries. ILIDA is committed to advancing the rule of law and international legal standards, particularly in the context of foreign direct investments and international commercial activities.
The Association actively contributes to the development of Turkish law and strives to harmonize national institutions and regulations with international standards of the rule of law and acquis communautaire. ILIDA’s mission extends to addressing societal challenges through rational and sustainable solutions, prioritizing projects that promote public welfare, including women’s and children’s rights, education, public health, urban development, and environmental protection.
To achieve its objectives, ILIDA operates across a broad spectrum of activities, including:
Facilitating International Cooperation and Investment: Promoting collaboration between Turkish and international investors, fostering global partnerships, and supporting projects aimed at increasing employment, trade, and tourism.
Increasing the opportunities/efficiency in international commercial activities with the EU Raising awareness regarding the opportunities presented by the customs union and providing training opportunities to the related shareholders
Raising Awareness on Human Rights: Conducting training, publications, and initiatives focused on human rights, with an emphasis on the rights of women and children, as well as education.
Advancing Urbanization and Environmental Law: Organizing awareness campaigns and educational activities in these areas to engage and unite societal stakeholders.
Improving Public Health Policies: Supporting legal frameworks and activities that enhance public health systems through research and awareness campaigns.
Promoting Alternative Dispute Resolution Mechanisms: Encouraging the use of mediation, arbitration, and other dispute resolution tools, and supporting related academic and practical studies.
Engaging with International Institutions: Establishing partnerships with international organizations, foreign missions, universities, and NGOs to organize educational and professional events, including seminars, workshops, conferences, and publications.
Supporting Cultural and Artistic Projects: Enhancing the impact of artistic, cultural, and social responsibility initiatives for broader community engagement.
Through these efforts, ILIDA seeks to elevate the professional skills of key stakeholders in both the public and private sectors, with a particular emphasis on legal professionals.
In pursuit of its goals, ILIDA has participated in a range of initiatives that align with its mission, including
– Seminar – “International Arbitration During COVID-19: The Practice of ISTAC & ICC & CAM” in collaboration with DR Arbitration & Litigation and İstanbul Arbitration Centre (2019)
– Seminar – “Career in International Law & International Arbitration Practices” in collaboration with İstanbul Ticaret University (2019)
– Certificate Programme – “Case Study: Theory and Practice of the Milan Chamber of Arbitration” in collaboration with the Embassy of Italy in Ankara and Milan Chamber of Arbitration (2019)
– Seminar – “Living/Education in Italy: Dreams, Experiences, and Realities” (2020) in collaboration with Casa Italia
– Seminar – “Meet with the Ambassador: Montenegro -Essentials of Culture, Business and Social Life” in collaboration with the Embassy of Montenegro in Ankara (2020)
– Seminar – “Turkey-Italy Key Legal Issues Regarding Covid-19” in collaboration with the Italian Chamber of Commerce (2020)
– Seminar – “Being an attorney at law : Turkey and Italy” in collaboration with Ankara Bar Association and Florence Bar Association (2020)
-Seminar – “Living in the U.S., law, and the legal profession” (2020)
– Training – “International Arbitration Workshop” in collaboration with Fildişi Atölye (2021)
– Seminar – “Business and Investment Opportunities in Turkey & Italy” n collaboration with the Italian Chamber of Commerce (2021)
– Seminar – “International Arbitration as a dispute resolution mechanism” in collaboration with Universita degli Studi della Tuscia (2021)
– Seminar – “Business Conversations with Ambassadors: Key Legal Issues in Turkey-Montenegro Business and Investment” in collaboration with Ankara Chamber of Industry (2022)
Latest News
President of ILIDA BUSINESS & LAW Attorney Arzu ONGUR has participated as a speaker in the program “On Living in Italy: Dreams, Experiences and Facts”, which was organized in cooperation with ILIDA Business and Law and Casa Italia. Within the scope of the program, Att. Arzu ONGUR and President of the Italian Friendship Association Att. Musa TOPRAK delivered speeches about their experiences on life, work and education in Italy.
President of ILIDA BUSINESS & LAW Attorney Arzu ONGUR has participated as a speaker in the program “Turkey-Italy Key Legal Issues Regarding COVID-19” which was organized in cooperation with ILIDA Business and Italian Chamber of Commerce in Turkey. In addition to Att. Arzu ONGUR, Att. Roberto Pirozzi from Rome Bar Association has delivered a speech on the key legal problems from the aspect of Italian law.