Mediation in Disputes Arising from Construction Contracts in Return for Land Shares

Disputes arising from construction contracts in return for land share can be resolved through mediation with less expense and in a short time.

It is a very common practice to construct a construction contract in return for land share. It is also frequently encountered that the parties experience disputes due to construction contracts in return for land share.

These lawsuits take a long time, are expensive for the parties, and since one of the parties is most likely to lose their home during the process, morally exhausting situations can be experienced.

So what is the solution? Disputes arising from construction contracts in return for land share can be resolved through mediation in a very short time, with much less expense than litigation, and with minimal material and moral damage to the parties.

As is known, according to the Law on Mediation in Legal Disputes No. 6325, private law disputes arising from works or transactions that the parties can freely dispose of, including those with foreign elements, can be resolved through mediation.

For example, if a German citizen makes an agreement with a contractor to build a building on the land inherited from his father in Antalya, if the construction is not completed on time or if there are incomplete works in the construction, if a lawsuit is filed in Antalya and he demands compensation for late delivery and completion of the incomplete works, this lawsuit will take approximately four to six years. Going to the inspection, obtaining an expert report, obtaining a new report due to objections, hearing witnesses, corresponding with institutions such as the municipality and the land registry, and waiting for information and documents to come from them are all very costly and time-consuming situations experienced in all of these cases.

The decisions given by the first instance court almost never satisfy both parties, and at least one of the parties, usually both parties, apply to the higher court (appeal court), and in some cases, since this decision is not final, an appeal is also made to the Court of Cassation. This is a long, costly and exhausting process.

However, if a mediator is consulted, and the other party agrees to resolve the issue through mediation, this issue can be resolved through mediation within an average of one month. In this case, there will be no litigation fees, discovery and expert expenses, witness expenses, notification expenses and similar litigation expenses.

It is also possible to resolve ongoing construction cases through mediation. In this case, in addition to all these benefits, the fact that the court fee can be recovered is a very important advantage.