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Legal Mediation as a solution for medical malpractice claims in Turkey

Updated: Apr 6, 2023

Legal mediation regulations in Turkey are governed by the Law on Mediation in Legal Disputes (No. 6325), which was enacted in 2012. Since then mediation can be used in civil, commercial, administrative, labor, and family law disputes in Turkey.

Mediation can be initiated either before or after the filing of a lawsuit. In cases where the parties agree to mediate before a lawsuit is filed, the mediation process is suspended if a lawsuit is subsequently filed. Mediation can also be initiated during the trial process with the agreement of both parties.

Hanyaloglu & Acar Law Firm mediators are trained and certified by the Ministry of Justice.

Confidentiality is an important aspect of the mediation process. The law provides that all communications made during the mediation process are confidential and cannot be used as evidence in court. Mediators are also required to keep all information obtained during the mediation process confidential.

The parties can agree to the terms of the settlement at any time during the mediation process, and the settlement agreement must be in writing and signed by both parties. The settlement agreement has the same legal effect as a court judgment and is enforceable by the courts.

Overall, the Law on Mediation in Legal Disputes is a excellent tool for international clients, patients to find efficient and effective method of resolving health law related legal disputes in Turkey, and to reduce the burden of the slow acting Turkish court system.

Keywords: Health Tourism, Doctor, Patient, Malpractice

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