Mandatory Mediation Requirement in Partition Lawsuits (2026 Update)

Introduction: The Obligation of Mediation in Cases of Dissolution of Partnership

Conflicts of rights and interests in co-owned real estate can have severe emotional and economic consequences for the parties involved. With the regulation introduced on September 1, 2023, a requirement to seek mediation before filing a lawsuit for dissolution of partnership has been established. This new procedure is critically important to prevent the dismissal of lawsuits on procedural grounds, particularly in disputes regarding the dissolution of partnership in İzmir.

Issue: What are the Consequences of Not Complying with Mediation?

Cases of dissolution of partnership initiated without applying for mediation will be dismissed on procedural grounds.
Parties may face long and costly litigation processes; the court process may extend due to stages such as expert examination, tender, and sale.
There are variations in the application of joint ownership; the regime of acting jointly is significant in cases of joint ownership according to TCO Art. 698.

Legal Basis (Summary)

The mandatory mediation in cases of dissolution of partnership is regulated by amendments including the provision of Article 18/B/1-b of the Law on Mediation in Civil Disputes No. 6325 (HUAK). With this regulation, the requirement to resort to mediation as a condition for lawsuits concerning the distribution of movable and immovable properties and the dissolution of partnership has been established. The amendments related to the commencement and publication of the regulation entered into force with Law No. 7445, which was published in the Official Gazette.

For the detailed text of the law, you can examine the relevant provision: HUAK Art. 18/B. Information on the publication and entry into force of the regulation is available in the Official Gazette: Official Gazette — Law No. 7445.

Step-by-Step Process: The Obligation of Mediation in Cases of Dissolution of Partnership

Application for Mediation: Any of the stakeholders may apply to a registered mediator from the Ministry of Justice. The application of a single stakeholder in joint ownership has been deemed sufficient (assessed according to TCO and application provisions).
Mediation Negotiations: The mediator typically tries to complete the process within 3 weeks (21 days) from the application; an extension of one week (total of 4 weeks/28 days) is possible in mandatory cases.
Determination of Results by Protocol: If the parties agree, a settlement protocol is prepared by the mediator. If an agreement cannot be reached, a "non-agreement" protocol is issued.
Filing a Lawsuit (after Mediation): If an agreement has been reached, the parties act based on this protocol; if not, a lawsuit petition is submitted to the Civil Court of First Instance (the competent court where the immovable is located) along with the mediation protocol.
Court Process: The court appoints an expert, decides on the method of distribution (partition in kind or sale) based on the expert's report and other evidence. In the case of a sale, auction procedures are implemented, and the sale price is distributed according to the shares.

Procedural Error: Filing a Lawsuit Without Mediation

If a lawsuit for dissolution of partnership is filed after September 1, 2023, without applying for mediation, the court will dismiss the case on procedural grounds pursuant to HUAK Art. 18/B. Court of Cassation precedents also confirm this application.

Deadlines and Statute of Limitations

Mediation Duration: 3 weeks from the application; total of 4 weeks with mandatory extension.
Lawsuit Duration: Considering expert examination, tender, and appeal processes, it may vary between 1–3 years; it may take longer depending on the specifics of the case.
Statute of Limitations: There is no special short statute of limitations for dissolution of partnership cases; the ordinary statute of limitations applies according to general provisions (assessed within the framework of TCO, often considering 10 years). The application for mediation does not interrupt the statute of limitations; it is necessary to monitor the deadlines to avoid loss of rights.

Costs: 2026 Assessment and Practical Recommendations

The costs of mediation and litigation vary based on the value of the case, the need for expert examination, and the duration of the process. As there is no official and fixed single amount, below you will find commonly encountered items and reasonable estimation ranges for the year 2026. For exact amounts, refer to the relevant official tariffs and court announcements.

Mediation Fee: An advance is taken from the parties during the mediation process; in some cases, mediation costs may not be demanded at the litigation stage. Based on the period of 2024-2025, mediation costs in 2026 may vary with the value of the case but can be roughly around 6,000–8,000 TL.
Lawsuit Fee: Proportional fees are calculated based on the value of the case; it varies due to minimum fee practices. Check the most current data for court fees from the Ministry of Justice and Official Gazette sources.
Expert Fee: Typically varies between 7,000–20,000 TL; it may increase depending on the nature of the immovable and is allocated by the court.
Attorney's Fee: Determined by free contract; if a superficial range is provided based on the case value, it may vary between 15,000–70,000 TL.

The total cost can reach tens of thousands of lira depending on the value of the immovable. For exact figures regarding fees and expenses specific to İzmir, refer to the relevant official announcements.

Court of Cassation Practices — Practical Outcomes

As stated in the Court of Cassation decisions, non-compliance with the mediation requirement leads to the dismissal of the lawsuit on procedural grounds. Court and Court of Cassation practices particularly seek the presence of a mediation document in lawsuits filed after September 1, 2023. Additionally, there are comments in practice indicating that the application of a single stakeholder in joint ownership is considered sufficient; it depends on the court's assessment based on the nature of the specific case.

How Do We Provide Support at Korkmaz Law Firm?

Korkmaz Law Firm conducts mediation processes and lawsuit follow-up in cases of dissolution of partnership (izale-i şuyu) with a holistic approach based in İzmir. The services we provide throughout the process include:

Consultation regarding the preparation of the mediation application and selection of a mediator.
Negotiation support during mediation sessions and legal assessment of the protocols.
Preparation of the lawsuit petition after mediation, identification of the competent court, and lawsuit follow-up.
Management of the expert examination process, legal procedures regarding the auction, and distribution processes after the sale.

In such disputes, timing, initiating the correct legal strategy, and acting in accordance with procedural requirements are key to success. Korkmaz Law Firm supports its clients with an experienced team in both mediation and litigation phases, considering cost-benefit analysis at every stage of the process.

Conclusion

Beginning from September 1, 2023, the implementation of mandatory mediation in cases of dissolution of partnership aims to increase the opportunity for reconciliation before going to court and to alleviate the burden on the judiciary. However, failure to apply for mediation will result in the dismissal of the case on procedural grounds, so it is essential for parties acting in dissolution of partnership in İzmir to consider this requirement. Seeking professional legal support to properly manage deadlines, costs, and procedural rules will ensure the effective and economical conduct of the process.

Disclaimer

This text is for general informational purposes and does not substitute for individual legal advice. Legislation and fee schedules may change over time; we recommend seeking professional legal assistance to obtain specific guidance tailored to your processes and to confirm current fee/charge information.