Mediation Services and Consultancy Services

Mediation is a modern dispute resolution method that is becoming increasingly important in our legal system, offering a more efficient, more economical, and confidential alternative to the traditional court process. As a voluntary or mandatory (before filing a lawsuit) process, mediation allows parties to resolve their disputes with the help of an impartial third party – the mediator. Our Adıyaman-based law firm, with its Legal mediator staff registered with the Ministry of Justice, provides Legal mediation services in commercial, labor, and consumer disputes.

The Philosophy of Win-Win and Party Autonomy

Unlike litigation, where there is usually a winner and a loser, mediation aims for a 'win-win' outcome. The parties are the masters of the solution. They can agree on creative settlements that a court could never order, such as a future business partnership or a public apology. As mediators, we facilitate communication, help parties identify their real interests (rather than just their legal 'positions'), and guide them toward a sustainable agreement that preserves their relationship. This 'party autonomy' is the core strength of mediation.

Mandatory Mediation in Turkish Law

Since 2018, applying to a mediator has become a procedural prerequisite (dava şartı) for filing lawsuits in several areas of Turkish law. Under the Labor Law, individual and collective labor disputes (severance pay, overtime, reinstatement) must first go through mediation. In commercial law, almost all disputes involving money receivables must be mediated. Most recently, disputes arising from consumer law and lease law (including eviction) joined this category. We represent both companies and individuals in these mandatory sessions, ensuring that their legal rights are not compromised in the rush to settle. Failing to follow this step leads to the immediate procedural rejection of the lawsuit.

Enforceability of the Final Agreement

One of the most powerful features of mediation is that the final 'Agreement Report' (Anlaşma Belgesi) can have the legal force of a court judgment. If the parties sign the agreement with their lawyers, or if they obtain an 'enforceability annotation' (icra edilebilirlik şerhi) from the court, the agreement can be directly executed through enforcement offices. This gives our clients the peace of mind that the settlement they reached is legally binding and safe, just like a final verdict from a high court.

Confidentiality and Admissibility of Evidence

Confidentiality is the cornerstone of mediation. Everything said during the sessions, the documents prepared, and even the fact that an offer was made, cannot be used as evidence if the case eventually goes to court. This 'mediation privilege' allows parties to be honest and open about their constraints and needs without fear of legal repercussions. We ensure that this confidentiality is strictly maintained, protecting our clients' trade secrets and personal privacy from public record.

Commercial Mediation and Business Preservation

In the business world, a lawsuit can last years and destroy valuable partnerships. Commercial mediation is particularly effective in resolving disputes between business partners, current account disagreements, and supply chain issues. We help companies reach settlements that allow them to continue doing business together, saving them from the high costs of litigation and the 'reputational risk' of a public trial. This is especially vital for SMEs in Adıyaman and throughout the region.

Labor Law Mediation (Severance and Reinstatement)

For employees, mediation provides a way to receive their payments Efficiently without waiting for years of trial. For employers, it allows for the predictable and final closure of labor files. We specialize in mediating complex termination disputes, ensuring that calculations for severance pay, notice pay, and 'reinstatement compensation' are done accurately and according to the latest precedents of the Court of Cassation (Yargıtay).

Lease and Real Estate Mediation

With the 2023 amendment, disputes between landlords and tenants (rent increases, evictions, common area costs) must now undergo mandatory mediation. In a heated market, we act as a neutral bridge to find a middle ground, often preventing families from being evicted or owners from losing their fair rental income. We also mediate disputes between neighbors and condominium management issues, which often involve complex emotional dynamics.

Cross-Border Mediation and the Singapore Convention

As Turkey is a signatory to the Singapore Convention on Mediation, international commercial settlement agreements resulting from mediation can be easily enforced across borders. We provide mediation services for international commercial disputes, allowing foreign investors to resolve their problems in Turkey through a globally recognized and enforceable mechanism. This reduces the risk for foreign direct investment (FDI) in Turkey.

Online and Remote Mediation Services

Using modern technology, we conduct online mediation sessions via secure video conferencing platforms. This allows parties located in different cities (e.g., Istanbul and Adıyaman) or even different countries to participate in the process without travel costs. We manage the electronic signature (e-imza) processes to ensure the final report is signed legally and securely in a digital environment, saving time for busy professionals.

Mediation in Family and Inheritance Disputes

While divorce itself requires a court decree, the financial aspects (property division, alimony) and inheritance disputes can be resolved much more peacefully through voluntary mediation. We help families divide their assets and plan their futures without the trauma of a contentious courtroom battle, keeping 'family matters' private and respectful. Mediation is often the only way to preserve family harmony after the passing of a legator.

Consumer Mediation and Arbitration

Disputes with banks, car dealerships, insurance companies, or construction firms can be resolved through mediation before going to the Consumer Court. We represent consumers in getting their grievances addressed Efficiently, often securing refunds, repairs, or 'loss of value' payments within weeks instead of years. This process is often free of charge for the consumer if an agreement is reached.

Mediation Ethics and Impartiality Standards

Our mediators strictly follow the Code of Ethics for Mediators established by the Ministry of Justice. This includes absolute impartiality, voluntary participation, and ensuring that parties make their decisions with 'informed consent'. We provide a safe, neutral space where everyone's voice is heard equally, regardless of their financial or social standing.

Industrial and Construction Mediation

In complex construction projects where delays and technical disputes are common, mediation can prevent a total work stoppage. We mediate between contractors, sub-contractors, and owners, focusing on technical expert reports to find a pragmatic way to complete the project while fairly distributing the financial burden of unexpected costs or errors.

Medical Malpractice Mediation

Disputes between patients and healthcare providers can be extremely sensitive. Mediation offers a dignified way to address these issues, allowing for material and moral compensation settlements that avoid the lengthy and often public 'blame' process of a medical malpractice lawsuit.

In conclusion; as a mediator and mediation lawyer, we believe that the Effective solution is the one you create yourself. Mediation is not just a faster way to end a conflict; it is a smarter way to manage legal risks and protect your future. By choosing mediation, you take control of your legal destiny.