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Güneş & Güneş · Legal services

Mediation and ADR

In mediation as a condition precedent to litigation and in voluntary mediation: party representation, negotiation, the settlement agreement and enforceability.

Rights, offers and a workable agreement

Legal Advice and Party Representation in Mediation

Mediation is a dispute resolution method in which an impartial mediator facilitates communication and negotiation and the parties determine the solution. A mediator does not decide as a judge or an arbitrator does. If no solution emerges, the mediator may make a proposal within the framework permitted by law, but cannot compel anyone to accept it.

Güneş & Güneş Law Firm jointly evaluates, for the party that applies or is invited, its rights, its offers and the routes it can use if no agreement is reached. Our service covers legal advice for the client, representation of the party at the meeting and post-agreement procedures. The role of an impartial mediator and that of a party’s attorney are different.

01

Application and party representation at the meeting

The correct parties, claims, office of application, authority of representation and meeting preparation in mediation as a condition precedent to litigation and in voluntary mediation.

Scope of application and representation
02

Employment, commercial and consumer disputes

Employee and employer claims; commercial receivables, damages, debts and consumer transactions. The conditions of application and the exceptions are determined according to the file.

Review the types of disputes
03

Lease, real property and co-ownership disputes

Rent, eviction, partition, dissolution of co-ownership, condominium ownership and neighbor’s rights. The stages of agreement, annotation and land registry.

Real property and lease matters
04

Settlement agreement and its implementation

Clear drafting of performance, payment, delivery, security, release and costs; the signature arrangement, the enforceability annotation (icra edilebilirlik şerhi) and follow-up after a breach.

Preparing the agreement
05

Corporate and cross-border negotiation

Company, construction, finance, technology and multi-party disputes. Online meetings, language and an international implementation plan.

International and sector-specific scope
06

Settlement (sulh), litigation and transition to arbitration

If no agreement is reached: review of the final record, time limits and evidence. Direct negotiation, settlement, expert determination and multi-tiered resolution clauses.

Options after no agreement

Our Approach to Mediation Files

We do not conduct the negotiation solely on the basis of the payment amount. Evidence, the continuing relationship, counterclaims, security and whether the agreement can actually be performed are taken into the same assessment. The aim is for the client to decide knowing which right it exercises or ends, and on what terms.

01

Identifying the file and the parties

The contract, the status of the parties, principal and counterclaims, third parties and any pending lawsuit or enforcement files are reviewed together. Conflicts of interest and acceptance of the matter are checked.

02

Checking time limits and the route of application

Suitability for mediation, the condition precedent to litigation, the competent office and the statute of limitations are assessed. The need for an urgent injunction, attachment or preservation of evidence is addressed separately from the meeting calendar.

03

Preparing evidence and the negotiation

Items of claim, the burden of proof, the likelihood of collection and costs are compared. Options other than an agreement, and the limits of acceptance and approval, are determined with the client.

04

Representation and briefing at the meeting

The legal, economic and operational effects of offers are explained. Any necessary technical or financial expert input is obtained once the expert’s role and confidentiality limits have been set.

05

Reviewing the text of the agreement

The amount, due date, delivery, security, taxes and scope of the release are made concrete. Signatures, special authority, annotation and registration requirements are checked.

06

Following the outcome and the next step

If an agreement is reached, payment and other performance is monitored; if not, the final record and the time limit for litigation or arbitration are monitored. Reporting and any subsequent procedures undertaken are carried out in line with the scope of the service.

In Which Disputes Is Mediation a Condition Precedent to Litigation?

The obligation to apply is not an obligation to reach an agreement. Where there is a condition precedent to litigation, the process must be completed in accordance with the procedure; accepting an offer or giving up a right is for the parties to decide.

On a narrow screen, you can scroll horizontally to see the other columns of the table.

DisputeScope of the condition precedentKey exception or check
Employment disputesEmployee and employer receivables, compensation and reinstatement provided for by law; related actions for annulment of objection, negative declaratory judgment and recovery of payment.There is an exception for compensation arising from work accidents and occupational diseases and for the related declaratory, objection and recourse actions.
Commercial disputesActions for commercial receivables, compensation, annulment of objection, negative declaratory judgment and recovery of payment whose subject is a sum of money.The commercial nature of the action and the relief requested are reviewed together. Not every company dispute is automatically within the scope.
Consumer disputesIn disputes before consumer courts, the condition precedent to litigation applies except for the exceptions in the law.Matters within the remit of the Consumer Arbitration Committee (Tüketici Hakem Heyeti) and objections to its decision; actions under Law No. 6502 Art. 73/6 and 74; and disputes over in rem rights in immovable property arising from a consumer transaction are outside the scope.
Lease and property relationsLease; partition of movable and immovable property and dissolution of co-ownership; condominium ownership and neighbor’s rights.There is an exception for eviction through enforcement without a judgment under the Enforcement and Bankruptcy Law (İİK). The claim and the status of the parties must be determined correctly.
Agricultural production contractsActions arising from an agricultural production contract within the scope of Agriculture Law No. 5488.Special mediation and a special completion period apply; not all agricultural or land disputes are counted within the same scope.

Basis: Law No. 7036 Art. 3; Turkish Commercial Code (TTK) Art. 5/A; Law No. 6502 Art. 73/A; Law No. 6325 Art. 18/A–18/B; Law No. 5488 Art. 13. Where there is an arbitration agreement or a special alternative resolution requirement, Law No. 6325 Art. 18/A/18 is examined separately. Not all claims in a file may be subject to the same regime.

How long does mediation take?

General and employment regime

3 weeks + up to 1 week

In the general condition precedent to litigation and in employment mediation, the period starts from the date the mediator is appointed. An extension depends on cases of necessity.

Commercial cases

6 weeks + up to 2 weeks

In commercial mediation under TTK Art. 5/A, the date of appointment is the reference; an extension is possible in cases of necessity.

Agricultural production

2 weeks + up to 1 week

A special period applies to agricultural production contracts. Voluntary mediation is not equated with these general completion timelines.

Distinguish the time limit for applying from the duration of the mediation

These periods are not time limits for applying to a mediator. In mediation as a condition precedent to litigation, the statute of limitations is suspended and the preclusive period does not run from the application to the office until the final record. In voluntary mediation, the starting conditions in Law No. 6325 Art. 16 are required; a unilateral invitation does not by itself have the same effect.

For the time limits for filing the action that completes an injunction or an attachment, Law No. 6325 Art. 18/A/16 contains a special suspension regime. It should not be assumed that all other time limits for objections, complaints, notifications and procedures are suspended. Sending a message to the firm, including through a contact form, is not an official mediation application and does not stop time limits.

First meeting, jurisdictional objection and conditions of representation

Detailed Scope of Mediation and Alternative Resolution Services

You can open the headings to review the scope of the service, the documents and the key conditions.

Application, representation and route to resolution

Pre-Dispute Risk and Resolution Route Analysis

So that the dispute can be managed before it escalates, the contract, correspondence, formal notices (ihtar), delivery and payment records, meeting minutes, commercial books and documents, technical reports and the likelihood that the relationship between the parties will continue are reviewed. The options of negotiation, mediation, arbitration, litigation, enforcement proceedings and interim legal protection are compared in terms of time, cost, confidentiality, enforceability and evidentiary risk.

At this stage the aim is to bring out not only the claim that is visible today but also the counterclaim, set-off, recourse, contractual penalty, interest, costs, security, taxes and effects on third parties.

Legal framework: Law No. 6325 Arts. 1, 3 and 16; the special law that governs the dispute.

Drafting Dispute Resolution Clauses in Contracts

In commercial and corporate contracts, clauses governing the stages of notice, senior management discussion, negotiation, mediation, expert determination, dispute board, arbitration or the competent court are drafted and reviewed. Multi-tiered clauses should not be left vague as to which disputes they apply to, the duration of the stages, how the mediator will be selected, the language and place of the meeting, online participation, confidentiality, cost sharing and the criteria for moving to the next stage.

Legal framework: Law No. 6325 Arts. 13–15 and 18/A/18; the relevant contract.

Preparation for Voluntary Mediation and Party Representation

In private law disputes over which the parties may freely dispose, voluntary mediation can be considered before an action is filed or during the proceedings. The application or invitation text, a summary of the dispute, the framework of claim and defense, the document set, negotiation limits, payment or performance alternatives and authorization documents are prepared. Legal representation is provided at the meetings as the representative of a party; the long-term effects of offers are assessed.

  • The subject of the invitation, the consent of the parties and the record that opens the process are determined separately.
  • Attendance by an attorney is not mandatory in every dispute; the need for legal assistance and representation is assessed together with the consequences of the file.

Legal framework: Law No. 6325 Arts. 13–16.

Applications for Mediation as a Condition Precedent to Litigation and Their Follow-up

In employment, commercial and consumer disputes and in certain disputes arising from a lease relationship, dissolution of co-ownership, condominium ownership and neighbor’s rights, and also where special laws treat mediation as a condition precedent to litigation, the application procedure is determined for the specific file. The application is made to the correct mediation office, with the correct parties and subject matter of the dispute; the consistency of the final record with the petition is ensured, and the procedural requirements sought when an action is filed are fully met.

The fact that an application has been made does not by itself make urgent protective routes such as an interim injunction or precautionary attachment unnecessary. The condition precedent to litigation and the need for urgent protection are examined separately.

Competent office: Under the general regime, the application is made to the mediation office at the location of the court competent to hear the dispute; if there is no office, the court clerk’s office (yazı işleri müdürlüğü) designated for this purpose is used. In employment disputes, a special rule of application applies with respect to the other party’s place of residence or the place where the work was performed.

Legal framework: Law No. 6325 Art. 18/A; Law No. 7036 Art. 3.

First Meeting, Jurisdictional Objection and Special Authority of Representation

For companies, the signature circular (imza sirküleri), resolutions and monetary approval limits are checked; for the attorney, the special authority required for acts such as mediation, settlement, waiver and acknowledgment is checked. The person represented is also informed about the consequences of offers.

  • An objection to the jurisdiction of the mediation office is made, with supporting documents, at the first meeting at the latest, in accordance with the procedure in the law.
  • If the process ends because a party did not attend the first meeting without a valid excuse, the non-attending party, even if it prevails, is held liable for half of the litigation costs that the other party is obliged to pay; half of the tariff-based attorney fee award (vekâlet ücreti) determined in its favor is awarded.
  • If the process ends because neither party attended the first meeting, each party bears the litigation costs it incurs in the subsequent action.
  • Under Law No. 6502 Art. 73/A/2, this first-meeting sanction is not applied against the consumer.

Not attending does not mean that the action is lost automatically. The invitation, the excuse, the final record, the special law to be applied and the provisions in force on the date of the transaction are assessed together.

Legal basis: Law No. 6325 Art. 18/A/7–11; Law No. 7036 Art. 3/9–12; Law No. 6502 Art. 73/A/2; Code of Civil Procedure (HMK) Art. 74.

Employment, commerce, consumers and agriculture

Mediation and Negotiation in Commercial Disputes

In disputes arising from sale, supply, distribution, service, work contracts, franchise, dealership, logistics, license, technology, shareholder, current account, invoice, check and financing relationships, claims for receivables and damages, annulment of objection, negative declaratory judgment, recovery of payment, termination of the contract, contractual penalties and security are addressed together.

In commercial mediation, focusing only on the payment amount is often not enough. The VAT and withholding tax arrangement, the delivery and acceptance mechanism, mutual release, the release of security, the removal of a pledge or mortgage, continuing orders, trade secrets and the approval of the competent bodies must be clearly regulated in the text of the agreement.

Legal framework: TTK Art. 5/A; Law No. 6325 Art. 18.

Mediation in Employment Law Disputes

Mediation processes, both as a condition precedent to litigation and voluntary, are conducted with respect to employee and employer receivables, compensation, reinstatement claims, wages and bonuses, overtime, annual leave, non-compete obligations, termination of the employment contract and recourse relationships between employers.

Because there are special exceptions for pecuniary and non-pecuniary damages arising from work accidents and occupational diseases and for the related declaratory, objection and recourse actions, not every claim should be treated as falling within employment mediation. The gross or net nature of the employee’s receivable, income tax and social security deductions, re-employment, the termination code, the employment certificate, confidentiality and the validity of the release are examined separately.

Mediation under Law No. 6356 in collective labor disputes and the process under Law No. 7036 in individual labor disputes are not the same. The application and filing time limits of reinstatement claims are examined separately.

Legal framework: Law No. 7036 Art. 3; the relevant labor legislation.

Mediation in Consumer Disputes

In consumer disputes such as defective goods or services, subscriptions, distance contracts, package tours, timeshares, financial services, private education, health services and vehicle and housing transactions, the competent authority, the monetary threshold, the route of the Consumer Arbitration Committee and the exceptions to the condition precedent to litigation are determined first.

Not every consumer dispute falls directly within pre-litigation mediation. Where an application to the Consumer Arbitration Committee is mandatory or the law provides a separate exception, choosing the wrong route may cause loss of time and rights.

Special provisions protecting the consumer: The sanction for not attending the first meeting in Law No. 6325 Art. 18/A/11 is not applied against the consumer. For the consumer’s mediation fee, Law No. 6502 Art. 73/A/3 provides for payment from the state budget and a limit of two hours’ worth of the fee; the general rule on costs should not be applied directly.

Legal framework: Law No. 6502 Arts. 68 and 73/A.

Mediation in Agricultural Production Contracts

In contract farming, the product, quantity, quality, delivery, price, purchase commitment, inputs and financing relationships are examined. It is determined whether the dispute arises from a contract within the scope of Agriculture Law No. 5488.

  • Pre-action application and the special two-week completion regime; an extension of at most one week where necessary.
  • Preserving records of product delivery, quality determination, shrinkage, payment, penalty clause and insurance.
  • Separate assessment of preservation of evidence and interim protection because of seasonal, harvest and spoilage risk.

Legal basis: Law No. 5488 Art. 13; the relevant regulations on mediation in agricultural production.

Lease, real property and project disputes

Mediation in Lease Disputes

With respect to rent determination or adjustment, rent receivables, eviction, security deposit, ancillary costs, dues, manner of use, breach of contract, sublease, delivery of the leased property and damage claims, the necessity of applying to mediation and the litigation route are assessed.

Eviction through enforcement without a judgment is assessed separately with respect to the scope of the condition precedent to litigation in the law. The eviction date, the delivery standard of the property, handover of keys, meters and subscriptions, return of the security deposit, past and future receivables and the status of enforcement files are clearly written in the settlement agreement.

In agreements arising from a lease relationship and falling within Law No. 6325 Art. 18/B, the mandatory enforceability annotation is also taken into account; the presence of signatures alone does not remove this special procedure.

Legal framework: Law No. 6325 Art. 18/B; the relevant lease and enforcement provisions.

Disputes over Dissolution of Co-ownership, Condominium Ownership and Neighbor’s Rights

In disputes over the partition of property held in co-ownership in shares or joint ownership and the dissolution of co-ownership, use of independent units and common areas, dues, the management plan, site management, prevention of interference, noise, encroachment, rights of way and other neighbor disputes, mediation as a condition precedent to litigation and voluntary resolution options are examined.

Partition, sale, valuation, equalization of payments, usage and delivery schedule, taxes and fees, land registry procedures, third-party rights and the fate of pending actions are planned together. Where transfer of a property or share is required, the statutory form and registration rules apply separately.

Legal framework: Law No. 6325 Art. 18/B; Law No. 634 and the related property provisions.

Mediation concerning Transfer of Real Property and Limited In Rem Rights

Disputes concerning the transfer of real property or the creation of a limited in rem right over real property may be the subject of voluntary mediation under the special conditions provided in the legislation. No agreement is concluded without examining the title deed record, encumbrances, zoning and use status, co-ownership status, family residence annotation, authority of representation, pre-emption or public law restrictions.

The enforceability annotation of the agreement, the registration request and the review of compliance with legislation carried out by the land registry directorate are separate stages. For assets subject to special regimes, such as agricultural land, coast, forest, pasture, protected heritage areas or acquisition of real property by foreigners, the relevant restrictions are checked separately.

On the basis of the parties’ written decision and the mediator’s record, an annotation restricting the power of disposition in the land registry may be requested, limited to the process and for at most three months. If no agreement is reached, upon an agreement to remove it or at the end of the period, the removal provisions of the law apply. After the enforceability annotation, one of the parties may request registration; the review of compliance with legislation by the land registry directorate continues.

Legal framework: Law No. 6325 Arts. 17/B and 18/B.

Construction, Real Estate and Project Disputes

In disputes over construction in return for a land share, contracts for work, turnkey projects, subcontractors, project management, delay, defects, acceptance, progress payments, additional work, price adjustment, delay penalties, letters of guarantee and recourse, technical and legal topics are combined in a single negotiation plan.

If the participation of technical persons such as an engineer, architect, financial adviser (mali müşavir) or valuation expert is needed, their roles, confidentiality obligations and the function of their reports in the negotiation are determined in advance. In the text of the agreement, the work program, quality criteria, inspection and acceptance method, payment milestones and consequences of default are written in a measurable way.

Legal framework: The contract and the relevant provisions on obligations, commerce or consumers.

Companies and sector-specific disputes

Negotiation in Company and Shareholder Disputes

The ground for negotiation is prepared on matters such as disputes between shareholders, management authority, dividends, the right to information and inspection, non-compete obligations, share transfer, withdrawal from or exclusion from the company, valuation, manager liability and the handover of management in family companies.

Before the agreement, the conformity of company resolutions with mandatory rules of law, general assembly or board of directors approval, signing authority, the form of share transfer, and registry and registration procedures are checked. Corporate or public consequences over which the parties cannot freely dispose are not deemed established by the text of the agreement alone.

Legal framework: The relevant company, contract and mandatory registry provisions.

Banking, Finance and Insurance Disputes

In disputes connected with credit, security, suretyship, guarantee, financial leasing, payment services, insurance compensation, recourse, diminished value, reinsurance and insurance arbitration, the principal debt, interest, commission, early repayment, restructuring, the release of security and third-party liability are assessed together.

In insurance disputes, the relationship in terms of subject-matter jurisdiction, time limits and application among mediation, the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) and the litigation route is examined for the specific file. In claims arising from traffic accidents, bodily injury or loss of support, health data and calculation reports are processed securely.

Legal framework: The relevant banking, insurance and special application provisions.

Intellectual Property, Technology and Data Disputes

In disputes over trademarks, designs, patents, copyright, licenses, software, SaaS, cloud, data processing, confidentiality and trade secrets, the cessation of use, the scope of the license, delivery of source code or data, fees, audit, past infringements and future terms of use are negotiated.

In files containing personal data or trade secrets, the confidentiality of mediation alone is not considered sufficient. Access authority, file sharing, no recording, data minimization, the retention and destruction plan and cross-border data transfer are regulated separately.

Legal framework: Law No. 6325 Arts. 4–5; Law No. 6698 and the relevant intellectual property provisions.

Health and Professional Liability Disputes

In private law disputes among private health institutions, physicians, health workers, patients, insurers and other parties, medical records, informed consent, causation, damage, insurance coverage and recourse relationships are assessed. In disputes connected with the act of a public hospital or public official, the competent court system and administrative application routes are examined separately.

Because health data is a special category of personal data, detailed medical documents are not requested in application and contact forms; secure document transfer is provided only after acceptance of the file and the necessary privacy notice.

Legal framework: Law No. 6325 Art. 1; Law No. 6502 Art. 73/A; the relevant liability and data protection provisions.

Resolving Multi-Party and Multi-Contract Disputes

In disputes involving many parties, such as the project owner (employer), contractor, subcontractor, supplier, insurer, bank, guarantor or group companies, payment bargaining between only two parties may not produce a lasting result. A map of parties and contracts is prepared; which person needs to join the agreement with respect to which right and obligation is determined.

The meeting arrangement, joint and separate sessions, limits on information sharing, authorization documents, the possibility of a partial agreement and the effects of the agreement on third parties are planned in advance.

Legal framework: Law No. 6325 Arts. 15 and 18; provisions on representation and contracts.

Agreement, enforcement and judicial routes

Drafting and Reviewing the Mediation Settlement Agreement

In the settlement agreement, the identity and authority of representation of the parties, the scope of the dispute, mutual performances, amount and currency, taxes and deductions, payment or delivery schedule, bank details, security, consequences of delay and default, limits of waiver or release, confidentiality, personal data, costs, pending lawsuit and enforcement files, and the route to be followed in the event of breach are clearly regulated.

Statements of unclear scope such as “the parties have no remaining rights or claims against each other” may cause unforeseen loss of rights. A release or waiver should be framed only as broadly as the resolved dispute and the parties’ express intent.

Review the basic checkpoints before an agreement

Legal framework: Law No. 6325 Arts. 17–18/B.

Enforceability Annotation and Implementation of the Agreement

The examination covers the signature structure with which the mediation agreement was drawn up, whether an enforceability annotation is needed, the court with subject-matter and territorial jurisdiction and whether the agreement is clear enough to permit compulsory enforcement. The cases in which the law treats the document directly as a document with the force of a judgment are distinguished from the cases in which an annotation must be obtained.

In the event of a breach of the agreement, the enforcement or litigation route to be followed for payment, delivery, registration, security, contractual penalty or other performances is determined. Enforceability does not by itself make valid every vague performance or one that the legal order does not permit.

We separate the general rule from the mandatory annotation: Unless there is a special requirement, a document signed jointly by the parties, their attorneys and the mediator, and, in commercial disputes, a document signed jointly by the attorneys and the mediator, has the force of a judgment under Law No. 6325 Art. 18/4 without any further annotation being required.

  • Real property transfer and limited in rem right agreements under Art. 17/B: mandatory annotation from the civil court of peace (sulh hukuk mahkemesi) at the location of the property.
  • Lease, partition, dissolution of co-ownership, condominium ownership and neighbor’s rights agreements under Art. 18/B: mandatory annotation; civil court of peace at the location of the property if it concerns real property, otherwise at the place where the mediator serves.
  • International settlement agreements under Art. 17/A: mandatory annotation from the commercial court of first instance.
  • Under the general Art. 18/2 regime, the civil court of peace at the place where the mediator serves before an action is filed; during proceedings, the court where the action is being heard.

Legal framework: Law No. 6325 Arts. 17/A, 17/B, 18 and 18/B.

Mediation and Settlement during Litigation or Arbitration

That the dispute is pending before a court or arbitrators is not an obstacle to mediation. The negotiation space is reassessed taking into account the stage of the proceedings, the existing evidence, interim decisions, litigation costs, the possibility of legal remedies and the enforcement risk of the decision.

If an agreement is reached, the consequences of waiver of the action, acknowledgment of the claim, settlement, the action becoming moot, withdrawal of the request for arbitration, costs and attorney fees are not the same. The procedural act chosen must accurately reflect the parties’ true intent and the scope of the agreement.

The postponement of proceedings upon a declaration of application to mediation during the action is assessed within the framework of Law No. 6325 Art. 15/5. Settlement, waiver, acknowledgment and withdrawal of the claim do not produce the same result in terms of the parties’ intent, costs and the possibility of a later application.

Legal framework: Law No. 6325 Arts. 15–16; HMK Arts. 307–315; the procedure applicable in arbitration.

Transition to Litigation, Enforcement or Arbitration after No Agreement

Failure to reach an agreement in mediation does not mean that the file was managed unsuccessfully. The process may narrow the issues in dispute, reveal the other side’s approach and clarify the litigation or arbitration strategy. The consistency of the final record with the subject of the claim in the action to be filed, subject-matter and territorial jurisdiction, time limits, fees, evidence, the need for an interim injunction or attachment, and the enforcement option are checked again.

Statements or offers that fall within confidentiality are not used as evidence in the action. However, a contract, invoice, correspondence, report or other evidence that also exists outside mediation does not become unusable merely because it was submitted in mediation.

Not applying and not attaching the final record are different. In a file where mediation is a condition precedent to litigation, filing an action without applying results in dismissal on procedural grounds. If the process has been completed but the final record has not been attached, the law provides for the possibility of submitting it within a one-week firm deadline upon the court’s notice.

Legal framework: Law No. 6325 Arts. 5 and 18/A/2; Law No. 7036 Art. 3/2.

Negotiation, Settlement, Expert Determination and Med-Arb

Direct negotiation takes place between the parties and their representatives. Settlement is the ending of the dispute by the parties’ will; its consequences inside and outside court are distinguished. In arbitration, by contrast, an impartial arbitrator decides the resolution. Reconciliation (uzlaştırma) in criminal procedure is a separate institution from civil mediation.

  • In multi-tiered contracts, the order, notices and time limits of negotiation, mediation and the move to litigation or arbitration are clearly regulated.
  • Expert determination is the referral of a technical or financial matter to an expert under the contract; the binding nature of the opinion is not by itself the same as that of an arbitral award.
  • In dispute boards, the effect of the decision and the objection mechanism depend on the project contract and the rules chosen.
  • In a Med-Arb arrangement, the mediation and arbitration stages are separated. The same person taking on both roles is examined separately in terms of express consent, independence, the use of confidential information and the rules chosen.

Legal framework: Law No. 6325; HMK Arts. 313–315 and arbitration provisions; the contract and the rules of the institution applied.

International process, scope and confidentiality

International and Cross-Border Mediation

In commercial disputes between parties located in different countries, the applicable law, jurisdiction or arbitration agreement, meeting language, translation, authority of representation, foreign exchange and payment restrictions, taxes, sanctions, data transfer, electronic signature and in which country and how the agreement will be implemented are planned together.

Whether an international commercial settlement agreement concluded through mediation falls within the Singapore Convention is not assumed without examining the commercial nature of the dispute, the international element, the exceptions, the status of the contracting state, reservations and the procedure of the country where it will be applied. For a document whose enforcement is sought in Türkiye, the provisions on subject-matter and territorial jurisdiction in Law No. 6325 are assessed separately.

The Singapore Convention excludes transactions for consumer purposes, family, inheritance and employment disputes, and certain agreements that have the character of a court judgment or arbitral award. In applying a document within the scope of the Convention in Türkiye, the commercial court of first instance and the order of jurisdiction under Law No. 6325 Art. 17/A are assessed. It is not accepted that the Convention applies automatically to every mediation document or every country.

Legal framework: Singapore Convention Arts. 1–5 and 8; Law No. 6325 Art. 17/A.

Online, Hybrid and Multilingual Negotiations

In disputes where the parties are in different cities or countries, an online or hybrid meeting arrangement can be set up. The participants’ identity, authority of representation, the absence of hidden listeners, no recording, a secure connection, document sharing, the privacy of separate sessions and the signing method are determined before the meeting.

In files that require communication in Turkish, English, German or Russian, language support can be provided. Which language the binding text is in, which text will prevail in the event of a conflict between translations, and the need for a sworn translation or apostille are decided separately.

Legal framework: Law No. 6325 Arts. 4, 15 and 18; the relevant provisions on representation and electronic signature.

Suitability for Mediation and Disputes Outside the Scope

Law No. 6325 is based on private law disputes over which the parties may freely dispose. A separate assessment is therefore required in the following cases:

  • Disputes involving an allegation of domestic violence are not suitable for mediation.
  • Reconciliation in criminal investigation and prosecution is different from civil mediation.
  • Disputes over which the parties cannot freely dispose, such as annulment of an administrative act, removal of a tax penalty or review of the lawfulness of the exercise of public power, cannot as a rule be resolved under this regime.
  • Personal status, parentage and mandatory family law consequences cannot be changed by agreement of the parties alone.
  • Solutions that affect the rights of third parties, the registry system or mandatory rules of law may not produce effects until the relevant official procedures and approvals are completed.
  • For transfer of real property and limited in rem rights, the special procedure, annotation and registration rules in the law apply.

Suitability is determined not only by the heading of the dispute but by the identity of the parties and the specific relief requested.

Legal basis: Law No. 6325 Arts. 1 and 17/B. A result relating to divorce, parentage or public policy cannot be established by agreement alone.

Confidentiality, Statements and Protection of Existing Evidence

Confidentiality is a fundamental principle in mediation. The parties, attorneys, the mediator and other persons who take part in the process are subject to a duty of confidentiality regarding information and documents obtained in the process, unless otherwise agreed. A mediation invitation, a proposed solution, a declaration of acceptance, or documents and statements prepared solely for the process cannot, within the limits in the law, be used as evidence in a later action or arbitration, and no testimony may be given about them.

However, if a contract, invoice, e-mail, delivery record, technical report or other evidence also exists outside mediation, the mere fact that it was presented at the meeting does not by itself make that evidence unusable. Confidentiality also does not give a right to conceal acts constituting a crime, to remove mandatory reporting obligations or to process personal data without limit.

In corporate and international files, the confidentiality agreement, data processing roles, access authorizations, virtual data room, and the obligations of interpreters and technical experts should be regulated separately.

Confidentiality and the prohibition on evidence do not have the same scope. The statutory prohibition on statements and documents in Law No. 6325 Art. 5 should not be reduced to a general confidentiality agreement alone. Disclosures required by law and cases necessary for implementing the agreement are assessed separately.

Legal basis: Law No. 6325 Arts. 4–5; the relevant data protection provisions.

What Is Checked Before a Mediation Agreement Is Signed?

The value of the agreement depends on its being clear what will be performed and on what terms. Instead of a “waiver of all rights” sentence of unclear scope, each claim and counter-performance should be assessed separately.

Scope and signature

  • The correct party and authority of representation; claims that are resolved and those that remain outside the scope.
  • If there is a partial agreement, showing separately the disputes that remain open.
  • The scope and timing of the release, waiver and extinction of rights.

Payment and counter-performances

  • Amount, currency, net/gross nature, tax and Social Security Institution (SGK) deductions.
  • Installments, due date, account, delivery, acceptance and implementation schedule.
  • Security, interest, default, acceleration (muacceliyet) and the consequences of breach.

Implementation and other files

  • The steps to be taken regarding the lawsuit, enforcement proceedings, injunction and letters of guarantee.
  • Who is responsible for the annotation, land registry, registry, fees and costs.
  • Confidentiality, data protection, language precedence, signing method and third-party rights.

Signatures do not replace the annotation in every case

The general signature arrangement in Law No. 6325 Art. 18/4 must be distinguished from the mandatory enforceability annotation under Arts. 17/A, 17/B and 18/B. In particular, it is not sufficient to assess lease and dissolution of co-ownership agreements only according to whether there is a transfer of real property.

Court and annotation conditions by type of document

What Documents Should You Prepare for a Mediation Meeting?

In the first meeting we clarify the nature of the claim, the appropriate route of application, critical dates and missing documents. Do not let an approaching time limit wait while you collect all the documents.

  1. Parties and the dispute

    Details of the applicant and the other party, the type of relationship, the claims and any counterclaims.

  2. Documents and chronology

    The contract, annexes, invoices, payment and delivery records, formal notices and the dates of important events.

  3. Invitation and existing files

    The meeting invitation, application or final record; details of any lawsuit, enforcement or arbitration file.

  4. Authority and decision limits

    Power of attorney, company signature documents; who must approve the agreement.

  5. Priorities and urgent risks

    Approaching time limit, risk of loss of assets or evidence, acceptable payment and delivery options.

Consultation preparation checklist

Do not attach trade secrets, health records or identity documents to a general contact message or form. Use the secure sharing channel determined after the conflict-of-interest and acceptance-of-matter checks.

Fees, Costs and Terms of Work

Attorney’s fee and mediation fee

The attorney’s fee for representing a party is set in a separate agreement. The mediator’s fee is assessed on the basis of the subject, the number of parties, the duration, the agreement and the tariff on the date the process ended. They are not fees that replace one another.

Costs and payment from the budget

In mediation as a condition precedent to litigation, there are situations in which, if no agreement is reached, the fee for two hours is covered from the state budget; this does not mean that the whole process is free of charge. The part exceeding two hours, litigation costs and rules specific to consumers are examined separately.

Communication and limits of authority

Which of the meeting, document review, agreement, annotation, enforcement and subsequent litigation work is undertaken is determined at the outset. Important offers are submitted for the client’s approval; the costs of interpreters, experts and foreign legal professionals are explained separately.

Fee bases: Law No. 6325 Art. 18/A/12–14; Law No. 7036 Art. 3/13–16; Law No. 6502 Art. 73/A; the Minimum Mediation Fee Tariff (Arabuluculuk Asgari Ücret Tarifesi) in force. Settlement or collection is not guaranteed.

Founded in Kemer in 1999 · Based in Antalya

Mediation Representation Based in Antalya and Processes Across Türkiye

View the profile of Attorney Umut Güneş

Güneş & Güneş Law Firm was founded in Kemer on March 18, 1999 and moved its headquarters to Antalya in 2007. From its physical center in Antalya, it can provide legal services in mediation, negotiation and post-agreement processes in all 81 provinces of Türkiye, depending on the competence, representation, time limits and physical procedure conditions of the file.

Disputes connected with tourism, accommodation, commerce, real estate and construction relationships in Antalya also take into account, in the legal assessment, preserving the continuing business relationship and the delivery and payment arrangement. Being able to hold the meeting online does not remove the need to plan separately any land registry, court or enforcement procedures that are required.

With communication in Turkish, English, German and Russian, cross-border files connected with Türkiye are assessed. The language of the binding text, translation and the country where the agreement will be implemented are determined; in matters requiring local representation abroad, coordination is provided with legal professionals authorized in that country.

The outcome of the service depends on the intentions of the parties, the documents of the specific case and the applicable law. This page does not constitute a personal legal opinion or an assurance of outcome.

Frequently Asked Questions About Mediation

I received a mediation invitation; what should I do first?

Verify who the invitation came from and the file and meeting details. The subject of the dispute, the parties, any objection to the jurisdiction of the office and the authorization documents should be reviewed before the meeting. Attending the meeting does not mean that you have accepted an offer.

Can my attorney alone represent me in mediation?

Participation through an attorney is possible as permitted by the legislation. The special authority required for mediation and for acts that bring the agreement to an end is checked. The mediator also informs the party itself; a lack of internal company approval should not be overlooked.

Can we agree on only some of the issues?

Yes. In a partial agreement, the claims that are resolved and those that remain open should be clearly separated. For the matters agreed, the bar on filing an action again and the time limits for the claims that remain open are assessed together; a general release may affect the remaining claims.

Can what I say in mediation be used in the action?

The invitation, offers, acceptance and statements and documents prepared solely for mediation, as specified in the law, are under special protection. However, a contract, invoice or e-mail that existed beforehand does not lose its character as evidence merely because it was presented at the meeting. Statutory exceptions are examined separately.

Does the mediator decide who is right by hearing witnesses?

No. Mediation is not adjudication; the mediator does not make a binding assessment of evidence. Technical or financial experts that the parties consider appropriate may contribute to understanding the resolution options, with their role and confidentiality limits determined.

Can I withdraw after the agreement is signed?

There is no general and unconditional withdrawal period for every agreement. The rule that no action can be filed regarding the matters agreed is taken into account. If there is a question about validity, representation, defect of intent or scope, the document and the specific facts are examined; it is not assumed that a unilateral statement eliminates the agreement.

What happens if payment is not made despite the agreement?

The signatures on the document, whether it has the force of a judgment, the conditions for a mandatory annotation and the due date are examined. Depending on the performance, enforcement, registration or the relevant route of application is determined. Releasing security or waiving files before payment is received may create separate risks.

Can an injunction or attachment be requested while the meetings continue?

Mediation does not eliminate urgent legal protection. An application whose conditions are met may be made to protect assets, evidence or a right. The time limits for the implementation of the decision and for the acts that complete it are followed separately according to the relevant provisions.

Can I participate online from abroad?

In suitable files, an online or hybrid arrangement can be set up with the parties and the mediator. Identity, authority of representation, time difference, a secure connection, translation and signing method are determined in advance. A screenshot or scanned signature is not regarded as sufficient for every act.

If we do not agree in mediation, do I keep the right to bring an action?

For claims that were not agreed and that meet the legal conditions, an action, enforcement or, if there is a valid agreement, the arbitration route may be considered. The scope of the application, jurisdiction and time limits are checked with the final record; there is no single time limit for filing an action that applies to every dispute.

Next step

Request a Consultation for Mediation

Briefly state your request regarding application preparation, an invitation you received, a negotiation in progress or a signed agreement. Share the approaching meeting and procedure date in your first message.

The initial assessment determines the dispute, the key documents, the time limit and the appropriate scope of support. Your message to us does not replace an official application to the mediation office or acceptance of a power of attorney.

Your consultation request receives a first response within 48 hours. This period is not the completion time of a legal procedure.

Monday – Friday, 09:00 - 18:00