Lawyer’s Fee in the Mediation Process (2019)

If there is no other agreement between the client and the lawyer, the fees for lawyers in mandatory mediation are determined as follows. These fees also represent the minimum fees that can be set for this matter, meaning fees cannot be set below these amounts.

If No Agreement is Reached in Mediation

If the mediation process ends in disagreement, a fixed fee of 750 TL is paid to the lawyer. However, the lawyer’s fee cannot exceed the main claim of the dispute.

If Agreement is Reached in Mediation

For matters involving money or matters that can be evaluated with money:

If an agreement is reached, the fee is determined based on a percentage of the agreed amount, according to the third section of the Turkish Bar Association Minimum Attorneyship Fee Schedule.

The rates are as follows:

• 12% for the first 35,000 TL
• 11% for the next 45,000 TL
• 8% for the next 80,000 TL
• 6% for the next 240,000 TL
• 4% for the next 600,000 TL
• 3% for the next 750,000 TL
• 1.5% for the next 1,250,000 TL
• 1% for amounts over 3,000,000 TL

Example:

Creditor A Ltd. sold goods to debtor B Inc. and initiated enforcement proceedings for an unpaid invoice amounting to 130,000 TL. The debtor objected, stopping the proceedings. The creditor must apply for mediation before filing a commercial sale-related objection annulment lawsuit. If the mediation process, handled by the parties’ lawyers, results in an agreement for the payment of 130,000 TL, A Ltd. and B Inc. would pay their respective lawyers as follows:

• 12% of the first 35,000 TL = 4,200 TL
• 11% of the next 45,000 TL = 4,950 TL
• 8% of the remaining 50,000 TL = 4,000 TL

The total fee would be 13,150 TL. However, for disputes involving amounts up to 6,250 TL, the lawyer’s fee is 750 TL, not exceeding the principal amount. For instance, if the dispute amount is 3,000 TL, the lawyer’s fee is 750 TL. If the dispute amount is 600 TL, the fee is 600 TL.

For matters not involving money or not evaluable with money:

For matters not involving money or evaluable with money, if the mediation process ends in an agreement, the fixed fee is determined according to the second part of the second section of the fee schedule. These fees are as follows:

• 1,162 TL for cases handled by civil courts of peace
• 2,725 TL for cases handled by civil courts of first instance
• 1,362 TL for cases handled by consumer courts
• 3,931 TL for cases handled by intellectual and industrial property rights courts

Source: Turkish Bar Association Minimum Attorneyship Fee Schedule, General Provisions, Article 16 (Official Gazette dated 02.01.2018, number 30643).