Current Legislation on Divorce Mediation and Family Mediation

Although the family institution is the cornerstone of society, if the marriage union becomes unsustainable, divorce processes can turn into a psychologically and legally exhausting period for the parties. In recent years, alternative methods aiming to resolve disputes without moving to courtrooms have become rapidly widespread in our legal system. One of these methods is family mediationIt is an extremely flexible mechanism that allows spouses in the divorce phase to resolve complex issues such as alimony, compensation and property division by mutual agreement.   

However, the nature of divorce and family law is very different from disputes based entirely on financial interests, such as labor or commercial law. The existence of sensitive topics such as custody, which concerns the future of children, and public order, necessitates that every step to be taken in this process be carried out under strict legal supervision. In this guide, we discuss in detail the legal limits of mediation practices during the divorce process, the procedural rules you should pay attention to in order to protect your rights, and the current legislative developments for 2026.   

1. Is Mediation Compulsory in Divorce in Turkey? (2026 Legal Framework)

One of the most confusing issues in legal processes is the question of whether mediation is mandatory or not. While going to mediation is a requirement in labor law, commercial disputes and rental cases; There is no direct compulsory mediation system for the divorce case itself in Turkish law.. Spouses have the right to file a divorce case directly in the competent Family Court without going to a mediator.   

12. Judicial Package and Mediation in the Accessories of Divorce

However, the Ministry of Justice has been working on it for a long time and has received wide public repercussions. 12th Judicial Package Revolutionary steps have been taken in the field of family law. In line with the current regulations, the divorce case itself (registration/cancellation of the marriage union) continues to remain a status change that depends entirely on the decision of the judge; parties can freely dispose of material and moral compensation, alimony and liquidation of the property regime (property sharing) An integrated model is implemented in the judicial system, where voluntary mediation processes are encouraged for the financial consequences of divorce.

Throughout Istanbul, especially in cases where the volume of disputes and family asset values ​​are high, family law specialist istanbul Our negotiations with our staff show that; Proper use of the mediation table before or during the trial can lay the groundwork for a peaceful consensual divorce protocol that will end the 2-3 year-long exhausting process of a contentious case in a few weeks.   

However, the Constitutional Court announced that it annulled the provision regarding indefinite alimony with a decision made in June 2026. This provision will enter into force 9 months after its publication in the Official Gazette. The parliament will make a new law on this issue and put it into force in accordance with the Constitutional Court Decision. Especially with this decision published by the Constitutional Court on 04/06/2026, the importance of Family Mediation has now become even more critical regarding alimony.

2. Limits of Family Mediation: Which Issues Can Be Resolved at the Table?

In family mediation, it is not legally possible for every issue to be resolved by consensus. The legislator has excluded from the mediator's authority the areas over which the parties cannot freely dispose, which are strictly related to public order and the best interests of the children.

In the table below, we clearly summarize which disputes are conciliatory in family mediation and which are subject to full judicial review:

Can mediation be used in divorce cases where there are allegations of domestic violence or abuse?

The answer to this question is clear and definitive. nope. Within the scope of Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women, the mediation process cannot be carried out in any file that alleges physical, psychological or economic violence, and the parties cannot be invited to the negotiation table. Since the balance of power is completely disrupted in cases of violence, it is practically impossible for the parties to reach a compromise on equal terms with their free will. In such cases, the priority is to protect the victim, take restraining measures immediately and carry out the process directly before the judicial judiciary and law enforcement forces.   

As Attorney Mehmet Emin Kurşun Law Firm, in order to protect our clients who are victims of violence, Law no. 6284 suspension By requesting and finalizing the measures from the Çağlayan and Kartal Family Courts within hours, we ensure the safety of life under the highest level of legal protection.

Are the agreements made regarding custody in family mediation absolutely binding?

It is possible for the spouses to reach a full agreement during mediation meetings on whether custody should be given to the mother or father. However, this agreement does not directly constitute a final judgment. Since the right to custody is an issue that concerns public order and the "best interest of the child", the Family Court judge is obliged to supervise this agreement even if the parties reach an agreement. If the judge does not find the protocol articles regarding the custody of the spouses suitable for the child's education, health and future, he may decide on a different custody arrangement ex officio, without being bound by the will of the parties.   

3. Legal Force and Enforceability Comment of the Mediation Agreement Protocol

If the negotiations are concluded positively, the mediator will issue a document containing the terms agreed upon by the parties. Mediation Agreement Report (Protocol) is edited. This report; It is signed by the mediator, the parties and their representatives, if any.   

• What is Enforceability Comment and Where to Get It?: In order for the mediation report to gain the power of a court order (decision) and to be subject to direct enforcement proceedings if one of the parties does not comply with its commitment. "Executability Comment" It is a legal obligation to obtain it. This annotation is made by the competent authority according to the subject of the real estate or the case, if mediation was applied to before the lawsuit was filed. From the Family Court is requested. The court issues this annotation after checking whether the protocol is contrary to mandatory legal rules and public order.
• The Critical Power of Participation with Lawyer: In accordance with the Mediation Law, if the parties do not attend the mediation sessions themselves, Istanbul expert divorce lawyer If they participated with their attorneys and the prepared agreement document was signed jointly by the lawyers of both parties and the mediator, this document It is considered an official document in the form of a direct judgment without the need for a further court opinion.. This technical procedural ease incredibly accelerates the time it takes for the parties to become official in property and alimony sharing.

4. The Importance of Mediation in the Face of Istanbul's Courthouse Congestion

Population density and increasing divorce rates throughout Istanbul have increased the workload on the Family Courts to an extreme level. Especially Çağlayan (Istanbul Courthouse), Kartal (Istanbul Anatolian Courthouse) And Bakırköy Courthouse Due to the stages of contentious divorce cases filed before, notification of petitions, collection of evidence, hearing of witnesses and preparation of social investigation reports (SIR), 1.5 to 3 years It continues between.

This long period of uncertainty disrupts the economic balance of the parties, deeply shakes the psychology of children and causes serious crises in the management of commercial enterprises.   

In this intense judicial environment, Çağlayan divorce case lawyer And eagle family court specialist The family mediation process, carried out under the management of our staff, saves the parties from years of wear and tear in the court corridors. Negotiations conducted by a mediator are legally the maximum 3+1 weeks It is completed in a very short time (4 weeks in total). In this process, instead of leaving the decision to the discretion of a judge they do not know, the parties can shape their own future by their own will, by making amends and by designing flexible payment plans.   

5. The Importance of Professional Lawyer Support to Prevent Loss of Rights in the Process

Family mediation meetings should definitely not be seen as a simple "bargaining" table. The biggest danger of the process is that one of the parties may sign an irrevocable protocol by accepting conditions far below their legal rights as a result of emotional pressure, manipulation or rushing. Because, on an issue agreed upon and signed at the mediation table, the parties are legally prevented from filing a lawsuit later by saying "I gave up, I received my rights incompletely".   

Procedural errors such as leaving the alimony increase rates unclear in the protocol, not taking tax and fee liabilities into account when sharing property, or not scheduling compensation payment days, quickly drag the reconciliation into a new dispute.

As Attorney Mehmet Emin Kurşun Law Firm; At this table, managed by the mediator, who is an impartial third party and is prohibited by law from providing personal legal advice to the parties, we fully protect the boundaries of our clients' legal rights. We are at your side meticulously in the concretization of material and moral compensation claims, in the calculation of participation and value increase share receivables in the liquidation of the property regime in line with the current Supreme Court jurisprudence, and in the design of custody/personal relationship days in the most appropriate way for the child's psychology.   

With our deep litigation and negotiation experience in Çağlayan, Kartal and Bakırköy Family Courts and Mediation Centers, we ensure the preparation of applicable, clear and legally flawless protocols that will secure your rights; We build a safe and transparent reconciliation process, saving your future from uncertainty.