Mediation

Quick Answer

Mediation is a method in which parties resolve their disputes with the help of an independent and impartial mediator, faster and more confidentially than in court. In labor (Law No. 7036), commercial (TCC Art. 5/A) and rental disputes, mediation is in most cases mandatory before filing a lawsuit (a condition of litigation); for other matters parties may apply voluntarily (discretionary mediation). Under Law No. 6325 the mediator does not take sides and does not decide; the parties produce the solution together. Att. Mehmet Yücesoy is registered with the İzmir Bar and is a registered mediator; the office is in İzmir Konak, İkbal-1 Business Center, serving the whole of İzmir. Information and appointments: +90 553 935 71 24.

Alternative Dispute Resolution

Mediation is an independent resolution method where parties produce their own solutions under the supervision of an expert mediator, which is much faster, economical and strictly confidential compared to court. With our expert mediation staff, we develop sustainable win-win strategies in commercial, employment and consumer law disputes.

Our Mediation Practice Areas

  • Employee - Employer Disputes (Severance, Notice pay, Salary receivables)
  • Commercial Disputes and Inter-company Receivables
  • Disputes arising from Consumer Law
  • Rental Disputes and Eviction
  • Discretionary (Voluntary) Mediation Processes

Why Mediation?

It preserves the commercial or personal relationship between the parties by preventing disputes from entering a cycle of litigation that takes months or even years. Since it is based on the will of the parties, the results are more permanent and applicable. It is also quite affordable compared to court costs.

How Does the Mediation Process Work?

The mediation process begins with the application of the parties or court referral. In the first meeting, the mediator informs the parties about the process and determines the scope of the dispute. After listening to the parties' demands and solution proposals, the mediator takes an active role in finding common ground. In case of an agreement, the arranged agreement document is considered as a judgment and becomes enforceable. Throughout the process, the confidentiality of the parties is protected and no statements that can be used against any party are recorded.

Your right to file a lawsuit is preserved in the mediation process. In case of disagreement, there is no legal obstacle to resorting to the court path. In this respect, mediation is an effective resolution method that can be tried without risk.

Resolve Your Disputes Through Consensus

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Frequently Asked Questions

How long does the mediation process take on average in İzmir?

Although it varies according to the type of legal dispute, mediation processes are generally concluded quickly by the mutual agreement of the parties within the statutory time limit of 3 to 4 weeks.

In which legal disputes is applying to mediation mandatory?

In the Turkish legal system, applying to a mediator before filing a lawsuit is a mandatory condition of litigation in many areas, particularly employee-employer compensation receivables, commercial cases and rental disputes.

Does Attorney Mehmet Yücesoy attend mediation meetings in Karşıyaka or Bornova, outside of Konak?

Although our physical office is located in Konak (İsmet Kaptan, H. Hüsnü İkbal Business Center), we actively represent our clients at the mediation centers of courthouses throughout İzmir, including Karşıyaka, Bornova, Buca and Bayraklı, as well as at private mediation offices.

How long does mandatory mediation (condition of litigation) take?

The statutory periods provided for in Law No. 6325 vary according to the type of dispute; in mandatory mediation, after the mediator is appointed, the process is generally completed within a few weeks and may be extended somewhat within the statutory limits where necessary. No definite duration or outcome can be guaranteed; the duration depends on the participation of the parties and the scope of the dispute.

If I reach an agreement in mediation, is the document drawn up enforceable?

If the parties reach an agreement at the end of mediation, the settlement document drawn up is deemed a document with the nature of a court judgment and can be pursued through enforcement, provided that the conditions set out in the law are met and an annotation of enforceability is obtained. The law contains a separate provision regarding settlement documents jointly signed by the attorneys; legal counsel is recommended to assess the specific situation.

What happens if I do not attend the first mediation meeting?

In mandatory mediation, a party who does not attend the first meeting without showing a valid excuse may be held responsible for the litigation costs even if they are partially or fully successful in the case, and legal representation fees may not be awarded in their favor. For this reason, it is important to respond to the invitation in a timely manner and to attend the meeting.