March 18, 2026

What is Mediation in Criminal Proceedings? How is it Done?

Antalya Criminal Lawyer

In this article, we aim to explain in a brief, understandable, and practice-oriented manner the mediation institution, which is a requirement for investigation and prosecution of certain crime types in criminal proceedings. It should be noted that what is mandatory is not reaching an agreement, but completing the mediation process positively or negatively. In practice, individuals seek answers to questions such as "what is mediation?", "does the case drop if there is an agreement?", and "what should I do if a mediation offer comes?".

Mediation is an important institution that enables the resolution of disputes between parties without going to the investigation and prosecution process, and when managed correctly, it can provide significant advantages in terms of both time and cost.

1. What is Mediation?

Mediation is a criminal procedure institution that ensures the resolution of disputes outside the court and prosecution by bringing the suspect and the victim together through a mediator in certain crimes. The aim of this institution is to resolve the dispute between the parties, thereby both compensating the victim’s harm and reducing the judicial workload.

2. Which Crimes are Subject to Mediation?

Mediation is applied only for crimes clearly specified in the law. Generally:

  • Threat (simple form)

                      * Intentional injury (simple form)
                  * Damage to property

crimes like these are within the scope of mediation. In contrast, serious crimes and crimes that seriously concern public order are not subject to mediation.

3. How Does the Mediation Process Start?

The mediation process begins upon the determination that the crime is within the scope of mediation. The public prosecutor or, at the trial phase, the judge, sends the file to the mediation bureau, and a mediator is appointed. The mediator:

  • Contacts the parties.

                      * Conveys the mediation offer.
                  * Conducts the meetings.

4. How Does the Mediation Process Proceed?

The mediator tries to establish a ground for agreement by meeting with the parties separately or together. During this process, the parties can agree on methods such as:

  • Making a financial payment

                      * Apology
                  * Compensation of the harm

The mediation process is confidential, and any statements made by the parties cannot be used against them later.

5. What Happens if Mediation is Successful?

If the parties reach an agreement, a public case is not filed against the suspect. If a case has already been opened, it is dropped. When the agreed obligation (performance) is fulfilled, the file is completely closed.

6. What Happens if Mediation Fails?

If an agreement cannot be reached between the parties, the criminal proceeding continues normally. In this case, the prosecution completes the investigation. If there is sufficient evidence, an indictment is prepared.

7. What Happens if the Mediation Offer is Not Answered?

In case of failure to answer the mediation offer, the offer is considered rejected. In this case, the mediation process ends, and the trial process continues.

8. What Should Be Considered During the Mediation Process?

Although the mediation process is a more flexible solution, it must be conducted carefully regarding its legal consequences. Especially:

  • The content of the obligations to be accepted

                      * Payment terms
                  * The scope of the mediation

must be evaluated correctly.

Importance of Mediation in Criminal Proceedings

Mediation offers the possibility of providing a fast and effective solution between the parties. Especially in crimes of a simple nature, it can lead to more practical results for the parties by preventing long trial periods.

The information on this page is prepared for general awareness purposes. The mediation process may produce different legal results according to the characteristics of the concrete case. Evaluation of the mediation offer and correct management of the process are important to avoid loss of rights. Therefore, it is recommended to obtain legal support appropriate for your situation.

Frequently asked questions

FREQUENTLY ASKED QUESTIONS ABOUT MEDIATION

No. Mediation is based entirely on voluntariness. The parties do not have to accept the mediation.

No. As a result of mediation, a public prosecution is not initiated, or an existing lawsuit is dismissed. Therefore, no conviction record is entered into the criminal registry.

No. Once mediation is successful and the performances agreed upon by the parties are fulfilled, a criminal lawsuit cannot be reopened for the same act.

It is usually completed within a few weeks. However, the duration may vary depending on the nature of the concrete case, the attitudes of the parties, and the scope of the mediation negotiations.

A mediation proposal is made to the parties. If the proposal is accepted, the process begins. If it is not accepted, the mediation process ends.

Yes. The parties can be represented by their lawyers during the mediation process and conduct the process with legal support.

An agreement can be reached between the parties on different performances such as financial payment, compensation for damage, apology, or performing a specific behavior.

Yes. The mediation process is confidential, and explanations made during this process cannot be used as evidence against the parties later.

The crime of insult is not subject to mediation, but to pre-payment.

The information on this page is prepared for general information purposes. The mediation process may produce different legal outcomes depending on the characteristics of the concrete case. The evaluation of the mediation offer and correct management of the process are important to avoid loss of rights. Therefore, obtaining legal support suitable for your concrete situation is recommended.

Related Articles

Explore This Topic Further

What is Intentional Injury Offense? What is the Penalty?READWhat is drug use or possession offense? What are the penalties?READHow Does the Criminal Procedure Progress? (Step-by-Step)READWhat are the Fundamental Concepts of Criminal Proceedings?READWhat are the Decisions That Can Be Made at the End of a Criminal Trial?READWhat is the Crime of Threat? What are the Penalties?READWhat is the Offense of Insult? What is the Punishment?READ

Prepared by: Attorney Batuhan Ozturk

Back to Articles