Mediation, which is regulated in the Law on Mediation in Civil Disputes No. 6325 and described as an alternative solution, aims to resolve the disputes that have been or may be the subject of a lawsuit by mutual negotiation, accompanied by a mediator. In order for mediation to be beneficial, it is very important that the process takes place with a mediator who is an expert in his field, as well as the voluntary participation of the parties.
Contrary to lawsuits, in this process disputes will be resolved without damaging the social and commercial relations of the parties, and both parties gain. Mediation is an out-of-court, fast and alternative dispute resolution method that saves the parties from lengthy proceedings and the expenses caused by the proceedings, let them sit together, listen and understand each other.
Condition of Litigation (Mandatory) Mediation
Under Turkish law, applying to a mediator before filing a lawsuit for certain types of disputes is regulated as a condition of action. Disputes specified in the Consumer Protection Law Article 73/A which heard in Consumer Courts, all commercial lawsuits specified in Article 4 of the Turkish Commercial Code, and commercial lawsuits in other special laws, in accordance with Article 5/a of the Turkish Commercial Code, receivables whose subject is the payment of a certain amount of money. Compensation claims and annual leave wage, overtime wage, salary..etc between the employee and the employer in Labor law e.g "labor receivables and notice indemnity, severance pay..etc". It is obligatory to apply to a mediator before filing a lawsuit in terms of disputes arising from compensations.
Optional Mediation
It is possible to apply to a mediator voluntarily in all private law disputes on which the parties can freely set and to carry out the process through voluntary mediation. At the same time, it is possible to resolve a dispute that is the subject of mandatory mediation by means of optional mediation.
Services Provided Under Mediation
The mediators within our law firm provide both mandatory and voluntary mediation services by the invitation of the parties to the mediation process, conducting the negotiations, reaching an agreement and all subsequent processes. In addition, our law office also serves as a party attorney in mediation processes with our experienced lawyers in the mediation process.