Mediation is an alternative dispute resolution method that can be applied to resolve disputes between private law persons under the arbitration of a mediator chosen by the parties of their free will or appointed by the Mediation Department. Through mediation, disputes can be resolved quickly and definitively without going to court. The agreement resulting from mediation is as final as a court decision.
Mediation is divided into two “voluntary mediation” and “mandatory mediation“:
Voluntary Mediation: It is the name given to the parties’ application to the mediator for resolving the dispute, even though they are not obliged to apply to the mediator. The parties may use voluntary mediation regarding all kinds of private law disputes that the parties can dispose of. Examples of private law disputes that can be resolved with the parties’ savings are commercial receivables and payables disputes, compensation disputes, receivable disputes arising from labor law, inheritance sharing disputes, and partnership elimination disputes.
Mandatory Mediation: For some disputes, there is an obligation to apply to a mediator before filing a lawsuit. In these cases listed in the Law, mediation is a litigation condition for the lawsuit to be filed in court. In these cases, if the lawsuit is filed without going to the mediator, the lawsuit must be dismissed due to the lack of a condition of action. Mandatory mediation is available in commercial cases and cases related to labor receivables.
Our firm, with its expert and solution-oriented staff, provides you with legal support in all kinds of voluntary and mandatory mediation processes.