Mediation

In our work in this area, the Law No. 6325 on Mediation in Civil Disputes, the relevant provisions of special legislation, and current practice are taken into account. Each matter is handled by jointly assessing whether the dispute is suitable for mediation, whether it falls within the scope of mandatory mediation as a condition precedent to litigation, the interests of the parties, and the potential course of any litigation.

Within the scope of mediation, the representation of our clients in mediation meetings concerning disputes for which recourse to a mediator is mandatory prior to filing a lawsuit is among our services. Labor disputes, commercial disputes, consumer disputes, certain disputes arising from lease relationships, and some disputes relating to condominium ownership, neighbour-law rights, and the dissolution of co-ownership may be assessed as falling within the scope of mandatory mediation as a condition precedent to litigation.

In mandatory mediation as a condition precedent to litigation, conducting the process in accordance with proper procedure and drawing up the final record correctly are of importance. In cases where a lawsuit must be filed before the mediation process is completed, since procedural problems may be encountered due to the absence of the condition precedent to litigation, the application, meeting, and record stages must be followed carefully.

In voluntary mediation proceedings to which the parties resort of their own will, we likewise provide legal support aimed at protecting the rights and interests of our clients. In this regard, the legal aspect of the dispute is assessed, a negotiation strategy is determined, and work is carried out on practicable solution options that the parties may accept.

Where a settlement is reached at the conclusion of the mediation process, it is important that the settlement document be drawn up in a manner that is clear, practicable, and protective of the client's rights. The necessary assessments are made with respect to the scope of the settlement document, the obligations undertaken by the parties, the payment plan, the conditions of delivery or eviction, penalty clause provisions, and enforceability.

Among the disputes most frequently encountered in mediation proceedings are, foremost, employee receivables, reinstatement claims, commercial receivables, contractual compensation claims, consumer transactions, lease receivables, eviction claims, dissolution of co-ownership, condominium ownership disputes, and disputes arising from neighbourly relations.

In labor disputes, severance pay, notice pay, overtime, annual leave, weekly rest day, and reinstatement claims are frequently the subject of the mediation process. In commercial disputes, receivable claims, breach of contract, penalty clauses, and invoice and current account disputes come to the fore.

In lease disputes, matters such as lease receivables, eviction, and the determination or adaptation of the rent amount may arise. In disputes relating to condominium ownership and the dissolution of co-ownership, the large number of parties, the legal status of the immovable property, and the formation of a practicable solution require that the process be conducted carefully.

Since failure to attend mediation meetings without a valid excuse may have consequences in terms of litigation costs and attorney's fees, timely and prepared participation in the process is important. Moreover, where a settlement is reached, the text to be drawn up must be sufficiently clear so as not to give rise to a new dispute in the future.

The mediation process begins, first of all, with an assessment of the nature of the dispute and of whether it is suitable for mediation. At this stage, the client's claims, the opposing party's potential allegations, the available documents, the risks that may be encountered in the event of litigation, and the likelihood of settlement are examined together.

In disputes falling within the scope of mandatory mediation as a condition precedent to litigation, an application is made to the competent mediation office, and the meeting process begins following the appointment of a mediator. In the meetings, the client is represented, the opposing party's offers are assessed, and negotiations are conducted on solution options consistent with the client's interests.

In voluntary mediation, the process is initiated by agreement of the parties. This route may be preferred, in particular, in situations where a solution is sought without entirely severing the commercial or personal relationship between the parties. Conducting the process within the framework of the principle of confidentiality enables the parties to develop more flexible and constructive solution options.

Where the parties reach an agreement, the matters mutually agreed upon are recorded in the settlement document. Where no settlement is reached, the process is concluded with the final record, and the legal steps relating to the resolution of the dispute by way of litigation or enforcement are assessed.

In every mediation matter, the objective is to contribute to the conclusion of the dispute with a faster, measured, and practicable solution while protecting the client's rights. The client is regularly informed about the stages of the process, the course of the meetings, the possible outcomes, and the legal avenues that may be pursued in the event that no settlement is reached.