Dispute Resolution and Mediation
Not every dispute needs to be resolved in court; a negotiation or mediation at the right time often produces a faster and less costly result than a lawsuit that could take years. We manage negotiation and mediation processes before a dispute turns into litigation, and prepare settlement agreements and protocols.
What is mediation?
Mediation is an out-of-court route in which the parties try to resolve their dispute between themselves with the help of an independent and impartial mediator. The mediator does not decide; they help the parties communicate and find a common solution. The discussions are confidential, and if no agreement is reached, proposals made during them cannot later be used as evidence in court.
Applying to a mediator before filing a lawsuit is mandatory for commercial claims for payment of a sum of money and for damages, for employee–employer disputes and for certain other disputes listed in the law. For other disputes, the parties may choose mediation voluntarily.
Is an agreement reached in mediation binding?
Yes. The settlement document signed jointly by the parties, their lawyers and the mediator has the force of a court judgment without further court approval and can be enforced directly. The parties can no longer sue on the matters agreed, so the settlement text must be drafted completely and carefully.
Scope
- Managing negotiation and mediation before disputes arise, and preparing settlement agreements and protocols
- Representation in mandatory and voluntary mediation meetings
- Assessing the dispute in terms of the litigation, mediation and arbitration options
- Drafting dispute resolution clauses in contracts
How We Work
- Reviewing the dispute, the documents and the parties’ positions
- Assessing the likely outcome, duration and cost of litigation
- Setting the negotiation strategy and settlement limits with the company
- Conducting negotiations or mediation meetings with the other side
- If a settlement is reached, preparing the settlement protocol or settlement document
Team
Ali Gül
Founding Partner
Hasan Çakan
Partner
Enes Duran
Associate
Burcu Kulotu
Associate
Sercan Dolanbay
Associate - Trademark Attorney
Frequently Asked Questions
How long does mediation take in commercial disputes?
In commercial disputes, mandatory mediation meetings are, as a rule, concluded within six weeks; in compelling cases this can be extended by up to two weeks. If the parties cannot agree, the final report drawn up by the mediator opens the way to litigation.
Do we have to take part in mediation?
In mandatory mediation, a party that fails to attend the first meeting without a valid excuse is held liable for half of the litigation costs in a subsequent lawsuit, even if it wins, and faces a similar sanction regarding attorney's fees (Law No. 7531, 14 November 2024). It is therefore important to attend the first meeting even if there is no intention to settle.
What is the difference between a settlement protocol and a mediation settlement?
A settlement protocol is a contract the parties sign directly, without a mediator; if it is not performed, a separate lawsuit usually has to be filed. A mediation settlement document, once properly signed, can be enforced directly. Which route to choose depends on how reliable the other side is in paying.
What is arbitration, and when is it preferred?
Arbitration is a private form of adjudication in which the dispute is decided with binding effect by arbitrators chosen by the parties. It is often preferred for disputes requiring specialist knowledge, where confidentiality matters or where foreign parties are involved; however, a written arbitration agreement between the parties is needed to go to arbitration.
Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.
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