Frequently Asked Questions

Mediation is applied in private law disputes arising from any business or transaction over which the parties can freely dispose. Disputes arising from labor law and commercial law are within the scope of mandatory mediation. Before filing a lawsuit in many disputes such as reinstatement, severance pay, notice pay, wage receivables, overtime receivables, annual paid leave receivables, money receivables arising from subscription agreements, disputes regarding non-competition, receivables arising from commission agreements, receivables arising from the cooperative law and current account. It is mandatory to apply to a mediator. Many issues are suitable for mediation, such as rent receivables, liquidation of property after divorce, disgorgement, malpractice, material and moral compensation resulting from work accidents, compensation for loss of support, construction, and disputes arising from work contracts. In such cases, the parties or their legal representatives can resolve the dispute through mediation by applying to a mediator or mediation center.

The parties can choose the mediator themselves. If the parties cannot reach an agreement on who the mediator will be, the mediator is appointed from the list of registered mediators by the personnel in the mediation offices in the courthouses.

The mediator is not the decision maker in this process. It can only suggest solutions to the parties when necessary. The parties resolve the dispute by agreeing on their own. The mediator determines the main dispute and interests of the parties and tries to ensure that they discuss these issues and find solutions. Here, the parties produce their own solutions and try to understand each other while doing so.

Disputes arising from all kinds of rent receivables can be resolved through mediation. If both parties are commercial enterprises, the lawsuit requirement for rent receivables is within the scope of mediation and it is a legal obligation to consult a mediator before filing a lawsuit. Parties experiencing disputes can apply to mediation offices in courthouses or to a mediator or mediation center whose competence they trust. Mediation meetings can be held face to face in centers or mediator offices, in which case the parties may request that the meeting be held in a place where social distance can be maintained. At the same time, within the scope of health measures and upon the request of the parties, mediation meetings can be held via teleconference or video conference.

The basis of the relationship determines whether objection cancellation cases are within the scope of compulsory mediation. If the issue is a certain amount of money and compensation, if the case requirement is not within the scope of mediation, the parties may optionally resolve the dispute through mediation. For example, since receivables arising from the rental relationship are not subject to the compulsory mediation process, the objection cancellation case is not subject to the compulsory mediation process. In this case, a solution can be reached through optional mediation. However, cases for cancellation of objection arising from lease agreements where both parties are merchants are within the scope of compulsory mediation. In both cases, the parties or their legal representatives can apply to a mediator or mediation center and resolve the problem through mediation.

In disputes arising from the employee-employer relationship and commercial disputes, the party who wants to file a lawsuit must first go to mediation. If a lawsuit is filed without resorting to mediation, the case will be rejected due to the absence of a lawsuit requirement.

Until the process is concluded, the parties in the mediation process do not have to pay any fees, unlike in litigation, and they do not pay expenses such as notification, expert, witness and discovery. The mediator is paid a fee in accordance with the Mediation Minimum Wage Tariff only, based on the duration of his activity. Also, a private meeting place etc. If necessary, these costs must be paid. If the parties will participate in this process with their lawyers, they will also pay fees to their lawyers.

In litigation-based mediation, if the parties cannot reach an agreement during the mediation meetings, they do not pay a fee to the mediator. In this case, the mediation fee is paid by the state and collected from the party who is wrong in the case. In case of agreement, the fee is paid equally by the parties unless otherwise agreed. The fee is determined according to the Mediation Minimum Wage Tariff. Mediation Fee Tariff is available on the official website of the Mediation Department.

* You will save all the expenses you will have to incur during the case (such as postage, expert, discovery, etc. expenses, your travel expenses) and the time you will have to devote to the courthouse by limiting your other work due to the trial.

* It takes less time than the court.

* The outcome is under the control of the parties.

* We look to the future; it is essential to protect our interests, not the current legal situation.

* Reliability and confidentiality are important; The parties can easily talk about what they cannot talk about in front of the court.

* Psychological and sociological risk is low; creates fewer new problems.

* The method and solution style agreed upon by the parties is essential and flexible.

* It is resolved by agreement; Both sides win and the social and economic relations of the parties continue.

You can go to mediation after a dispute arises between you and the other party, but before applying to court or arbitration, or after you file a lawsuit in court.

No. The parties are completely free to apply for mediation, continue the process, conclude it or abandon this process. You can voluntarily end this process, which you started with your own will, and apply to the court.
However, if an agreement is reached at the end of the mediation activity, naturally there is no longer a dispute; The parties cannot file a lawsuit regarding the issues agreed upon.

Mediation activity ends in the following cases:
* The parties agree on the subject of the dispute.
* One of the parties informs the other party or the mediator that they are withdrawing from the mediation activity.
* The parties terminate the mediation activity by agreement. * After consulting the parties, it is determined by the mediator that further efforts towards mediation are unnecessary.
* It is determined that the dispute is not suitable for mediation.

If the parties reach an agreement at the end of the mediation process carried out before the lawsuit is filed, an annotation regarding the enforceability of this agreement can be requested from the Civil Court of Peace. The parties have the decision made as a result of mediation approved by the court. After this approval, the relevant decision becomes a court decision. If the obligations in the mediation agreement document are not fulfilled, the decision in question is fulfilled through enforcement.
Mediation agreement documents signed jointly by the parties and their lawyers can be enforced as a court decision, without the need for an annotation from the court.

In the employee-employer relationship, if there is a non-competition clause in the employment contract, a double distinction is made for the mediation process. If the employee has violated the non-competition clause while the employment contract is still ongoing, mediation is related to labor disputes and the litigation requirement in employee-employer disputes is within the scope of mediation. If there is a dispute arising from non-competition violation after the business relationship ends, the commercial dispute lawsuit requirement is within the scope of mediation. In both cases, the parties can start the mediation process by applying to a mediator or mediation center.

In mediation applications requesting reinstatement, if the parties have agreed on the reinstatement of the worker, the content of the agreement minutes must include the following issues in accordance with Article 21 of the Labor Law.
a) Start date of employment,
b) The monetary amount of four months' salary and other rights,
c) In case the worker is not reinstated, the mediation agreement report must include the monetary amount of compensation for non-reinstatement. Otherwise, it is deemed that no agreement has been reached and the final report must be prepared by the mediator as a non-agreement.

The basis of the relationship determines whether objection cancellation cases are within the scope of compulsory mediation. If the issue is a certain amount of money and compensation, if the case requirement is not within the scope of mediation, the parties may optionally resolve the dispute through mediation. For example, since receivables arising from the rental relationship are not subject to the compulsory mediation process, the objection cancellation case is not subject to the compulsory mediation process. In this case, a solution can be reached through optional mediation. However, cases for cancellation of objection arising from lease agreements where both parties are merchants are within the scope of compulsory mediation. In both cases, the parties or their legal representatives can apply to a mediator or mediation center and resolve the problem through mediation.

Mediation is applied in private law disputes arising from any business or transaction over which the parties can freely dispose. Disputes arising from labor law and commercial law are within the scope of mandatory mediation. Before filing a lawsuit in many disputes such as reinstatement, severance pay, notice pay, wage receivables, overtime receivables, annual paid leave receivables, money receivables arising from subscription agreements, disputes regarding non-competition, receivables arising from commission agreements, receivables arising from the cooperative law and current account. It is mandatory to apply to a mediator. Many issues are suitable for mediation, such as rent receivables, property liquidation after divorce, liquidation of property, malpractice, material and moral compensation resulting from work accidents, compensation for loss of support, construction, and disputes arising from work contracts. In such cases, the parties or their legal representatives can resolve the dispute through mediation by applying to a mediator or mediation center.

Anlaşma belgesine icra edilebilir şerhi verilebilmesi için mahkemeye yapılacak olan başvuru ile bunun üzerine verilecek karalara karşı ilgili tarafın istinaf yoluna gitmesi halinde maktu harç alınır. Arabuluculuk anlaşma belgelerine icra edilebilirlik şerhi verilmeden, taraflar başka resmi bir işlemde kullanmak isterlerse maktu damga vergisi öderler. Bunun haricinde arabuluculunun hazırladığı ve tarafların onayladığı anlaşma belgeleri için her hangi bir harç ya da vergi ödenmez.