The Turkish Mediation Model: A Hybrid Approach to Conflict Resolution

Mediation continues to be a cornerstone of modern dispute resolution—and Türkiye stands out as a particularly dynamic case. According to Yonca Fatma YÜCEL, attorney at law, international mediator, and current Vice President of the UIA Information Technology Committee, Türkiye’s approach blends tradition with innovation to offer a distinctive hybrid model that harmonizes European legal influences with local culture.

“Mediation,” Yücel explains, “remains one of the most effective ADR methods for balancing judicial procedures and consensual outcomes,” echoing the intent of Article 1 of the EU Directive 2008/52/EC. In Türkiye, commercial mediation plays a particularly vital role in complex business matters such as banking, insurance, construction, licensing, and transport. “Our mediators,” she notes, “are trained not only to facilitate dialogue but also to conduct risk analyses and cost-benefit evaluations, using tools like decision trees and sensitivity tests to guide disputing parties.”

Yücel advocates for med-arb as a practical evolution of mediation. “When parties fail to reach settlement, the mediator can guide them toward institutional arbitration centers—earning a modest fee for the informational service while preserving momentum toward resolution.”

Beyond methodology, Türkiye’s model is shaped by legal innovation. The 2012 Mediation Act introduced mediation as a voluntary first step. But more recently, Türkiye adopted a mandatory opt-out model in areas such as labor, commercial, and consumer disputes. "Despite being mandatory," Yücel clarifies, "the process respects voluntariness in substance—it merely compels parties to sit at the table before heading to court."

Culturally, Turkish mediation draws from the Seljuk-era ahi-order, prioritizing honor, dignity, and relationship repair. This cultural sensitivity is embedded in the facilitative approach used in early stages. Recent reforms, however, now permit mediators to shift toward evaluative techniques later in the process, forming a hybrid mediation system.

“The Turkish experience,” concludes Yücel, “demonstrates that culturally rooted, legally supported, and dynamically trained mediation systems can serve as a model not just for Europe, but for the world.”