Mediation Fee Agreement

Signing a fee agreement during the mediation process is an issue that is often neglected. If the parties cannot reach an agreement in mediation as a condition of the case, the fee is paid by the state, in which case there is no need to make a fee agreement.However, if the parties agree, a mediation fee agreement must be made between the parties to the dispute and the mediator.

The amount of the mediation fee, when it will be paid and by whom, is usually written in the agreement documents. In the voluntary mediation agreement document on the website of the Mediation Department, it is seen that the issue of mediation fee is regulated in the agreement document.

Confidentiality is one of the most important features of mediation.Unless the parties have agreed otherwise, it should not be overlooked that, due to the principle of confidentiality, the mediation agreement document cannot be used as a basis document in enforcement proceedings for the collection of the unpaid fee receivable. For this reason, if the mediation fee is not paid and it becomes necessary to take legal action to collect the receivable, it will be of great convenience for the mediator to have a fee agreement.

It would be beneficial to sign a fee agreement as follows, using the fee agreement available on the Mediation Department website.

This sample contract can be filled in according to the characteristics of the process and used in both voluntary and litigation mediation by making the necessary changes.

MEDIATION FEE AGREEMENT

[SignatureDate]

MEDIATOR: ……………

PARTY-1: ……………

PARTY-2: ……………

SUBJECT OF DISPUTE: ……………

THE SUBJECT OF THE CONTRACT:

This mediation fee agreement has been signed between the parties to the dispute and the mediator.

This agreement relates to the mediation service to be provided to the parties by the Mediator and covers mutual rights and obligations.

CONTENT OF THE SERVICE:

It is the monetary payment to be made by the Parties to the dispute to the Mediator registered in the registry of mediators who carry out mediation activities in order to ensure that the dispute between the Parties is resolved through mediation, in return for the effort and time spent.

By applying systematic techniques, the mediator will bring the Parties together to discuss and negotiate, and will establish a communication process between them to ensure that they understand each other and thus produce their own solutions.

The mediator will perform her duties diligently, impartially and personally.

FEE:

If the Parties agree at the end of the mediation activity, the mediation fee shall be covered equally by the Parties, unless otherwise agreed in accordance with the Second Part of the Mediation Fee Tariff annexed to the Mediation Minimum Fee Tariff. In this case, the fee cannot be less than the two-hour wage determined in the First Part of the Tariff.

In case the Parties agree during the negotiations regarding the reinstatement request, in determining the fee to be paid to the mediator, the amount of compensation to be paid to the worker in case he is not reinstated and the sum of the wage and other rights to be paid for the period in which he is not employed shall be considered as the amount agreed upon in accordance with the Second Part of the Tariff.

At the end of the mediation activity, if a meeting cannot be held because the Parties do not participate or if the Parties cannot reach an agreement after negotiations lasting less than two hours, the two-hour fee is paid from the budget of the Ministry of Justice in accordance with the First Part of the Tariff. If the Parties cannot reach an agreement after negotiations lasting more than two hours, the fee for the part exceeding two hours shall be covered equally by the Parties according to the First Part of the Tariff, unless otherwise agreed. The mediation fee paid from the budget of the Ministry of Justice and covered by the Parties is counted as litigation expenses.

The documents prepared and other transactions carried out by the Mediator during the mediation activity do not require a separate fee.

The parties declare their addresses written in this agreement as the address suitable for notification. Unless a change of address is notified in writing, notifications made to these addresses are considered valid.

If the payment is not made in full and on time, a monthly delay interest of …………… percentage is applied.

In the light of these rules, this Mediation Fee Agreement regarding the payment of the mediation fee agreed between the parties and the mediator as follows has been signed by the parties and a copy has been given to each party.

Who Will Make the Payment: ……….….if the parties share the fee, the amount to be paid by each party should be stated separately…..

Payment date: ……………

Amount to be paid: ……………

Account to Make Payment: ………mediator’s Iban number…..