Partial Settlement in Turkish Mediation: Legal Effects and Remaining Claims

Introduction

Partial settlement in Turkish mediation allows parties to resolve some parts of a legal dispute while leaving the remaining claims, defences or obligations open for litigation, arbitration, enforcement proceedings or further negotiation.

Many disputes are not limited to a single claim. An employee may demand severance pay, notice compensation, unpaid salary, overtime, annual leave and reinstatement. A commercial creditor may claim several invoices, interest, contractual penalties and compensation. A landlord and tenant may disagree about unpaid rent, eviction, the deposit, common expenses and property damage. Co-owners may agree on the distribution of rental income while remaining unable to agree on the sale or physical division of the property.

In these situations, requiring the parties to choose between complete agreement and complete failure would reduce the practical value of mediation. Turkish mediation law therefore permits the parties to determine the scope of their agreement. They may settle the entire dispute or only selected issues.

Article 18 of Law No. 6325 on Mediation in Civil Disputes provides that the scope of the agreement reached at the end of mediation is determined by the parties. The same provision establishes important legal consequences for the matters covered by the settlement, including enforceability and the general prohibition on bringing a new lawsuit regarding matters on which the parties have agreed.

The legal effect of a partial settlement depends heavily on how the settlement agreement and final mediation report are drafted. If the settled and unsettled matters are not separated clearly, a party may later argue that a broader claim was released. The court may then need to interpret whether the disputed claim falls within the agreement, remains legally available or is barred by the prohibition on litigation concerning settled matters.

A carefully drafted partial settlement should therefore answer several questions:

• Which claims have been resolved?
• Which claims remain disputed?
• What amounts or obligations are covered?
• Which legal rights are expressly reserved?
• Can the settled obligations be enforced immediately?
• Does mandatory mediation need to be repeated for the remaining claims?
• When do limitation and forfeiture periods begin running again?
• How will pending lawsuits or enforcement proceedings continue?

This article explains partial settlement in Turkish mediation, its legal effects, the treatment of remaining claims, limitation periods, releases, enforceability, pending proceedings and practical drafting methods for employment, commercial, rental, consumer and property disputes.

What Is a Partial Settlement in Mediation?

A partial settlement is an agreement that resolves only part of the dispute submitted to mediation.

The parties may agree on:

• Certain claims but not others;
• Part of a monetary claim;
• Principal debt but not interest;
• Payment but not compensation;
• Eviction but not property damage;
• Severance pay but not overtime;
• Particular invoices but not the entire account;
• Past rental income but not future use of the property;
• Liability but not the amount of damages;
• A temporary arrangement while preserving the main dispute.

The existence of unresolved issues does not prevent the parties from signing a binding agreement concerning the matters on which consensus has been reached.

For example, a commercial creditor may claim TRY 2,000,000 consisting of principal debt, default interest and contractual penalties. The parties may agree that TRY 1,200,000 of the principal debt will be paid but remain unable to settle the interest and penalty claims. The settlement may be drafted as a partial agreement, while the creditor reserves the right to pursue the remaining amounts.

Similarly, an employee and employer may settle severance pay and annual leave but fail to agree on overtime and national holiday pay. If the document clearly identifies these categories, the employee may generally pursue the unsettled claims after the mediation process ends.

Legal Basis of Partial Settlement Under Turkish Law

Law No. 6325 gives parties broad authority to determine the content and scope of their mediation agreement.

Article 18 states that the scope of the agreement reached at the end of mediation is determined by the parties. Where an agreement document is prepared, it is signed according to the applicable statutory requirements.

This means that Turkish law does not require every mediation to end with one indivisible result.

The parties may:

• Reach a full agreement;
• Reach a partial agreement;
• Fail to agree entirely;
• Resolve some matters immediately and continue negotiating others;
• Create conditional settlements;
• Settle different claims through separate documents.

The mediator’s final documentation should accurately reflect whether the outcome is full agreement, partial agreement or non-agreement.

The distinction is legally important because the prohibition on future litigation applies to matters actually settled, not automatically to every issue discussed during mediation.

The Difference Between Full and Partial Settlement

A full settlement resolves all matters included within the defined dispute.

A partial settlement resolves only specified claims, amounts, periods, parties or legal issues.

Example of Full Settlement

An employee claims:

• Severance pay;
• Notice compensation;
• Overtime;
• Annual leave;
• Unpaid salary.

The parties agree on a total amount and expressly state that the payment resolves every identified employment claim arising from the employment relationship up to the termination date.

This is a full settlement if the document is legally valid and sufficiently clear.

Example of Partial Settlement

The same employee and employer agree only on:

• Severance pay;
• Annual leave;
• Unpaid salary.

The agreement expressly states that overtime and notice compensation remain disputed and are not released.

This is a partial settlement.

The difference should not be left to implication. The document must clearly identify which structure the parties intended.

Why Partial Settlements Are Useful

Partial settlements offer several practical advantages.

Reduction of the Disputed Amount

Even where the entire dispute cannot be resolved, the parties may narrow the financial difference.

Reduction of Court Issues

A later court may need to examine only the unsettled claims.

Immediate Payment

An undisputed or partially accepted amount may be paid without waiting for final litigation.

Preservation of Relationships

The parties may resolve practical matters while preserving their legal positions on disputed issues.

Reduced Evidence and Expert Costs

Settled claims no longer require witness hearings or expert calculation.

Protection Against All-or-Nothing Negotiation

The parties do not have to abandon useful progress merely because one claim remains disputed.

Possibility of Further Negotiation

Resolution of part of the dispute may create trust and make later settlement of the remaining claims more likely.

The Prohibition on Filing a Lawsuit Regarding Settled Matters

One of the most important legal consequences of a mediation settlement is the general prohibition on filing a new lawsuit concerning matters on which the parties agreed.

Article 18 of Law No. 6325 provides that where the parties reach agreement at the end of mediation, they cannot bring a lawsuit regarding the matters on which agreement was reached. Legal literature commonly describes this rule as the prohibition on bringing an action concerning settled matters.

In a partial settlement, this prohibition applies only within the scope of the agreement.

For example, if an agreement covers invoices numbered 101, 102 and 103, the creditor generally cannot later sue again for those same invoices. However, a claim concerning invoice 104 may remain available if it was not included or released.

Similarly, an employee who settles annual leave pay cannot normally bring a new claim for the same annual leave period and amount. The employee may still pursue overtime if overtime was expressly excluded from the settlement.

The critical issue is therefore determining what the parties actually settled.

Does a Partial Settlement Have the Effect of a Final Judgment?

A mediation settlement is not a court judgment in the ordinary sense, but it may acquire the legal status of a judgment-equivalent enforceable document under the conditions stated in Law No. 6325.

The parties may request an enforceability annotation where necessary. Depending on the subject matter and signatures, a separate annotation may not be required in certain cases. The agreement must nevertheless concern a mediable subject and contain obligations suitable for compulsory enforcement.

A partial agreement may be enforceable even though other claims remain unresolved.

For example:

• The agreed principal payment may be enforced;
• The unsettled interest claim may proceed to litigation;
• The agreed eviction obligation may be enforced;
• The unresolved property-damage claim may remain before the court.

The settled and unsettled parts should be capable of being separated legally and practically.

If the agreement is drafted so that the settled obligation depends entirely on resolution of the remaining dispute, enforcement may become more complicated.

The Contractual Nature of the Partial Settlement

A mediation settlement also has the characteristics of a private law contract.

It is therefore subject to general requirements concerning:

• Legal capacity;
• Authority;
• Free and informed consent;
• Lawful subject matter;
• Compliance with mandatory form;
• Interpretation;
• Mistake;
• Fraud;
• Duress;
• Excessive exploitation;
• Invalidity.

Academic legal analysis recognises that a mediation settlement agreement is a contract governed by substantive private law principles in addition to the special rules of Law No. 6325.

Accordingly, the parties must not assume that labelling a document a “partial mediation settlement” automatically cures legal defects.

An agreement may still be challenged where:

• The representative lacked authority;
• The subject matter was unlawful;
• Consent was defective;
• Mandatory form requirements were ignored;
• The agreed obligation was impossible;
• The document was forged;
• A party was misled about its content.

How Should Settled Claims Be Identified?

Each settled claim should be described with sufficient precision.

Depending on the dispute, the agreement may identify:

• Legal basis of the claim;
• Contract date;
• Invoice number;
• Employment period;
• Lease period;
• Property information;
• Enforcement file;
• Court file;
• Principal amount;
• Interest;
• Compensation category;
• Relevant event or transaction.

A commercial partial settlement may state that it covers:

• Invoice No. 2026/101 dated 5 January 2026;
• Invoice No. 2026/118 dated 22 January 2026;
• Principal amount only;
• Default interest calculated up to a specified date.

An employment settlement may separately identify:

• Severance pay;
• Annual leave pay;
• Salary for specified months;
• Amounts treated as gross or net.

A rental settlement may identify:

• Rent arrears for particular months;
• Deposit amount;
• Eviction date;
• Common expenses.

The clearer the list, the lower the risk of later disagreement.

How Should Remaining Claims Be Reserved?

A reservation of rights should be express rather than implied.

The agreement should state that specified claims:

• Were not settled;
• Remain disputed;
• Are not included in the release;
• May be pursued through litigation, arbitration, enforcement or further mediation;
• Are not affected by payment of the agreed amount.

A clause may identify the unsettled claims individually.

For example:

“The parties have reached agreement only regarding severance pay and annual leave pay. The employee’s overtime, weekly rest, national holiday and notice compensation claims have not been settled and remain expressly reserved.”

In a commercial dispute:

“The settlement covers only the principal amounts of Invoices 101 and 102. Claims concerning default interest, contractual penalties and Invoice 103 remain disputed and are not waived.”

A general statement that “all rights relating to unsettled matters are reserved” is better than silence, but a detailed list provides stronger protection.

The Risks of Broad Release Clauses

A broad release may conflict with the intended partial nature of the settlement.

For example, the agreement may state that it resolves only two invoices but later include a clause saying:

“The creditor fully and irrevocably releases the debtor from all claims arising from the commercial relationship.”

The broad release may be interpreted as extending beyond the invoices expressly discussed.

Similarly, an employment agreement may settle one payment while stating that the employee has no further rights arising from employment. This may create an argument that all employment claims were waived.

To avoid contradiction, the release clause should match the settlement scope.

The agreement should state that the release applies only to:

• Specified claims;
• Specified periods;
• Specified contracts;
• Specified amounts;
• Specified parties.

Unsettled claims should be expressly excluded.

Can the Original Claim Be Divided Into Settled and Unsettled Amounts?

Yes, provided that the claim is divisible and the agreement is clear.

For example, a creditor may claim TRY 500,000 and accept TRY 300,000 as an undisputed amount while preserving the remaining TRY 200,000.

However, the agreement must clarify the legal character of the payment.

The TRY 300,000 may be:

• Partial payment on account;
• Full settlement of one component;
• Final settlement subject to dismissal of the remaining claim;
• Payment without admission;
• Conditional payment pending calculation.

These possibilities have different consequences.

If the document states that TRY 300,000 constitutes full and final settlement of the entire claim, the creditor may not later pursue the remaining TRY 200,000.

If it states that TRY 300,000 is only partial payment and that the remaining amount remains disputed, a later claim may be possible.

Principal Debt and Interest

A common partial settlement concerns principal debt while interest remains unresolved.

The agreement should specify:

• Principal amount settled;
• Whether accrued interest is included;
• Interest calculation date;
• Whether future interest continues;
• Whether interest is waived conditionally;
• Whether payment will be allocated first to interest or principal.

A clause stating only that the debtor will pay the “debt” may be interpreted as including or excluding interest depending on the circumstances.

A clearer document may state:

“The parties have agreed on the principal receivable of TRY 400,000. Claims for default interest and enforcement expenses have not been settled and remain reserved.”

Alternatively:

“The payment of TRY 400,000 includes all principal and interest accrued until 10 July 2026.”

The wording determines the legal scope.

Partial Settlement in Employment Mediation

Employment disputes are especially suitable for partial settlement because an employee may have several independent receivable categories.

Potential claims include:

• Severance pay;
• Notice compensation;
• Unpaid salary;
• Overtime;
• Weekly rest pay;
• National and public holiday pay;
• Annual leave pay;
• Bonus;
• Commission;
• Discrimination compensation;
• Reinstatement-related claims.

The parties may settle some categories while leaving others unresolved.

The document should specify:

• Employment start and termination dates;
• Claim category;
• Relevant period;
• Gross or net amount;
• Deductions;
• Payment date;
• Whether the payment is conditional;
• Claims expressly reserved.

Employment agreements require particular care because broad release wording may be challenged or interpreted in light of mandatory employment protections.

A single global payment without identifying the individual claims may make it difficult to determine which rights were actually settled.

Partial Settlement in Reinstatement Disputes

Reinstatement mediation requires special attention.

The parties may agree on:

• The employee’s return to work;
• Non-reinstatement compensation;
• Payment for the period outside employment;
• Severance and notice pay;
• Other receivables.

A purported partial settlement that addresses only one element of reinstatement may fail to resolve the statutory structure adequately.

For example, agreeing only that the employer will make a payment without clarifying whether the employee will return may create serious uncertainty.

Where the reinstatement dispute is not fully resolved, the employee must preserve the short statutory lawsuit period after the final mediation report.

Continued informal negotiations should not cause the employee to miss the deadline.

Partial Settlement in Commercial Disputes

Commercial disputes frequently involve multiple contracts, invoices and remedies.

A partial commercial settlement may cover:

• Certain invoices;
• Undisputed goods;
• Principal debt;
• A particular shipment;
• One project stage;
• Part of a shareholder dispute;
• One enforcement file.

Unsettled matters may include:

• Defective performance;
• Loss of profit;
• Contractual penalty;
• Interest;
• Counterclaims;
• Separate invoices;
• Guarantee liability.

The settlement should identify whether the parties’ commercial relationship will continue.

It should also specify whether later transactions or warranty claims are excluded from the release.

A broad statement releasing all claims arising from the contract may unintentionally eliminate future warranty or indemnity claims.

Partial Settlement After an Enforcement Objection

A creditor may initiate enforcement for a total debt, after which the debtor objects.

During mediation, the debtor may accept part of the debt but dispute the remainder.

The parties may agree that:

• The debtor withdraws the objection for the accepted amount;
• The creditor continues an annulment-of-objection action for the disputed amount;
• Accepted instalments are paid directly;
• Attachments or security are maintained;
• Enforcement costs are allocated proportionally.

The agreement should identify:

• Enforcement office;
• File number;
• Total claimed amount;
• Accepted amount;
• Disputed amount;
• Interest;
• Treatment of the objection;
• Procedure after default.

The creditor should ensure that acceptance of a partial payment does not unintentionally close the entire enforcement file.

Partial Settlement in Rental Disputes

Rental disputes may involve several connected issues:

• Unpaid rent;
• Rent determination;
• Eviction;
• Deposit;
• Repairs;
• Property damage;
• Common expenses;
• Utility debts.

The parties may reach agreement on rent arrears but not eviction.

Alternatively, they may agree on voluntary eviction while leaving the deposit and damage claims unresolved.

The agreement should clearly separate these issues.

For example:

• The tenant will vacate on a specified date;
• The landlord reserves the property-damage claim;
• The tenant reserves the deposit claim;
• Rent arrears are settled through instalments;
• Utility costs will be calculated later.

A vague agreement stating that the rental dispute is “partially settled” is not sufficient for effective enforcement.

Partial Settlement in Consumer Disputes

A consumer dispute may involve:

• Repair;
• Replacement;
• Refund;
• Price reduction;
• Consequential damages;
• Delivery costs;
• Warranty;
• Loss of use.

The consumer and business may agree on replacement but leave compensation unresolved.

The agreement should state whether replacement:

• Fully resolves the consumer’s statutory rights;
• Is accepted without waiver of damages;
• Includes a new warranty period;
• Requires return of the defective product;
• Covers transportation costs.

If the consumer signs a broad release, later claims for damage or loss of use may be barred even if they were not the focus of negotiations.

Partial Settlement in Co-Ownership and Property Disputes

Co-owners may resolve some financial and practical matters while leaving the ownership dispute unresolved.

They may agree on:

• Distribution of rental income;
• Payment of property expenses;
• Temporary use arrangements;
• Valuation method;
• Sale process;
• Compensation for past occupation.

They may remain unable to agree on:

• Share transfer;
• Physical division;
• Sale price;
• Dissolution of co-ownership.

Where the partial agreement concerns transfer of immovable property or establishment of a limited real right, special form, court-review and registration rules must be followed. Article 18/B and the real-estate mediation provisions require particular attention, and certain settlement documents require an enforceability annotation.

Agricultural land settlements must also comply with statutory restrictions concerning division and transfer.

Partial Settlement and Mandatory Mediation as a Condition of Action

Where mediation is mandatory, a partial settlement raises the question of whether the claimant may file a lawsuit concerning the unsettled matters.

As a general principle, the claimant may proceed regarding claims that were submitted to mediation but remained unresolved.

The final report and agreement should show clearly:

• That a partial agreement was reached;
• Which matters were agreed;
• Which matters were not agreed;
• That mediation ended for the remaining dispute.

The claimant should attach the relevant final report to the later lawsuit in accordance with the procedural rules.

A party should not sue again for the settled matters. The lawsuit should be limited to the claims outside the agreement.

Must Mediation Be Repeated for Remaining Claims?

Whether mediation must be repeated depends on whether the remaining claim was included in the original mediation process.

If the claim was clearly submitted and remained unresolved, a new mandatory mediation application will generally not be required merely because another claim was settled.

If the remaining claim was never included, the claimant may need to complete mandatory mediation for that claim before filing a lawsuit.

For example, an employee may mediate only severance and salary. If the employee later wishes to bring an overtime claim that was not included or discussed, a court may examine whether the mandatory mediation condition was satisfied for that overtime claim.

Similarly, a landlord who mediated only unpaid rent may not automatically have completed mediation for a later rent-determination or eviction claim based on a different legal ground.

The application, invitations, final report and agreement should be reviewed together.

Effect on Limitation and Forfeiture Periods

The time spent in mediation is excluded from the calculation of limitation and forfeiture periods under Law No. 6325.

After partial settlement, the periods relevant to unsettled claims begin running again from the legally recognised end of the mediation process.

A partial agreement does not create an unlimited period for the remaining claims.

The claimant should calculate:

• Time remaining when mediation began;
• Date of the final report;
• Special lawsuit periods;
• Enforcement deadlines;
• Any independent notice requirements.

For example, an employee in a reinstatement dispute must still comply with the special lawsuit period after mediation if reinstatement was not fully settled.

A commercial creditor must also monitor the deadline for an annulment-of-objection action or other special remedy.

Partial Settlement During Pending Litigation

The parties may reach a partial mediation settlement while a lawsuit is pending.

In this situation, the agreement should state how the pending case will continue.

Possible structures include:

• Withdrawal of the settled claim;
• Partial waiver;
• Continuation for unsettled claims;
• Request for a court decision regarding the settled portion;
• Amendment of the requested amount;
• Release of an interim measure only for the settled part.

The parties should address:

• Court costs;
• Opposing-party lawyers’ fees;
• Expert costs;
• Interim attachment;
• Interest;
• Effect on appeal rights.

The court should be informed accurately about the scope of the settlement.

A statement that the “case has been settled” may incorrectly suggest that the entire lawsuit has become moot.

Partial Settlement During Arbitration

Parties in arbitration may also settle only part of their dispute.

They may request:

• Termination of part of the arbitration;
• A consent award regarding settled issues;
• Continuation for the remaining claims;
• Separate enforcement of the mediation agreement.

The arbitration agreement, institutional rules, seat of arbitration and international enforcement strategy should be examined.

A mediated partial settlement may also raise questions under the Singapore Convention where the dispute is international and commercial.

Enforceability of the Settled Part

A partial settlement can be enforced if its obligations are sufficiently certain and the applicable statutory requirements are satisfied.

The agreement should permit the settled part to be separated from the unresolved claims.

For example:

• The debtor must pay TRY 500,000 on 1 September 2026;
• The creditor preserves its interest claim;
• Payment of the agreed principal is not conditional on the interest lawsuit.

This obligation may be capable of enforcement independently.

By contrast, a clause stating that payment will occur “after the court determines the remaining claims” may create a conditional obligation that is not yet enforceable.

The agreement should specify whether the settled obligation is:

• Immediate;
• Conditional;
• Deferred;
• Dependent on another event;
• Subject to security.

Direct Enforceability and Court Annotation

Under Law No. 6325, parties may obtain an enforceability annotation for an agreement where necessary.

Certain agreements signed by the statutory combination of parties, lawyers and mediator may qualify directly as judgment-equivalent documents, subject to exceptions.

Special rules apply to agreements involving:

• Transfer of immovable property;
• Limited real rights;
• Rental disputes;
• Dissolution of co-ownership;
• Condominium disputes;
• Neighbourhood rights.

Where the law requires a court annotation, the presence of lawyers’ signatures does not automatically eliminate that requirement.

A partial settlement in these areas should be reviewed carefully before enforcement is attempted.

Default Under a Partial Settlement

A partial agreement should state what happens if the agreed obligation is not performed.

Possible consequences include:

• Default interest;
• Acceleration of instalments;
• Enforcement;
• Loss of a settlement discount;
• Continuation of existing attachments;
• Revival of specified rights where legally valid;
• Liability for enforcement costs.

The parties should also state whether default affects the unsettled claims.

For example, failure to pay the agreed principal may not automatically determine the unresolved contractual-penalty claim unless the agreement says so.

The creditor should avoid giving an unconditional release before the agreed payment is completed.

Conditional Partial Settlement

A partial settlement may be subject to conditions.

Examples include:

• Payment by a specific date;
• Approval by a company board;
• Release of a mortgage;
• Delivery of goods;
• Registration of property;
• Withdrawal of an enforcement objection;
• Completion of technical inspection.

The agreement should identify whether the condition is:

• A condition for the agreement to enter into force;
• A condition for a release;
• A condition for payment;
• A termination condition.

Unclear conditions create uncertainty over whether the settlement became binding.

Costs and Mediator Fees in Partial Settlements

A partial settlement may affect mediator-fee calculations because the agreed financial value may be used under the applicable tariff.

The 2026 Mediation Minimum Fee Tariff contains minimum and proportional rules for mediation ending in agreement. The settlement agreement should identify the agreed monetary value clearly so that the fee may be calculated correctly.

The parties should also determine responsibility for:

• Mediator fee;
• Lawyers’ fees;
• Court costs;
• Enforcement costs;
• Expert fees;
• Translation;
• Taxes;
• Bank charges.

They may agree that costs are shared equally or allocated according to the settled and unsettled claims.

Confidentiality After Partial Settlement

Mediation confidentiality continues to protect negotiation communications even where only part of the dispute is resolved.

The parties should not generally use:

• Settlement proposals;
• Concessions;
• Admissions made solely for mediation;
• Draft agreements;
• Private-session statements

as evidence in litigation concerning the remaining claims.

However, the signed partial settlement itself may need to be submitted to the court to show:

• Which claims have been resolved;
• Why the later lawsuit is limited;
• Which amounts have been paid;
• Which rights remain reserved.

Disclosure should be limited to what is necessary for litigation, implementation or enforcement.

Can a Partial Settlement Be Challenged?

A party may attempt to challenge a partial settlement on general contractual or statutory grounds.

Possible allegations include:

• Lack of authority;
• Fraud;
• Mistake;
• Duress;
• Forgery;
• Excessive exploitation;
• Unlawful subject matter;
• Violation of mandatory form;
• Lack of informed consent.

Legal research recognises that the prohibition on litigation regarding settled matters is not necessarily absolute where the validity or authenticity of the settlement itself is challenged.

A party cannot generally avoid the settlement merely by stating that the agreement later became financially disadvantageous.

A valid settlement is intended to create finality.

Interpretation Disputes

Even where the validity of the settlement is not challenged, the parties may disagree about its scope.

The court may need to interpret:

• Whether a claim was included;
• Whether a release was broad or limited;
• Whether interest was settled;
• Whether payment constituted full discharge;
• Whether a condition occurred;
• Whether the remaining claim is independent.

Interpretation will depend on:

• Wording of the document;
• Structure;
• Identified claims;
• Payment descriptions;
• Express reservations;
• General contract-law principles.

The best protection against interpretation litigation is precise drafting.

Common Mistakes in Partial Settlement Agreements

Failing to State That the Agreement Is Partial

The document may be interpreted as full settlement.

Using a Broad General Release

Unsettled claims may be waived unintentionally.

Failing to List Remaining Claims

The reservation may become uncertain.

Combining All Claims Into One Payment

It may be impossible to determine what was settled.

Omitting the Relevant Period

Old and new claims may be confused.

Ignoring Interest and Costs

The parties may disagree over whether they remain payable.

Withdrawing the Entire Lawsuit

A claimant may lose unsettled claims procedurally.

Closing the Entire Enforcement File

The creditor may lose rights concerning the disputed balance.

Missing Post-Mediation Deadlines

The remaining claim may become time-barred.

Assuming the Final Report Alone Is Sufficient

The substantive settlement terms should appear in a detailed agreement.

Giving an Immediate Unconditional Release

The creditor may lose leverage before payment.

Practical Drafting Checklist

A partial settlement agreement should confirm:

• Full identity of every party;
• Authority of representatives;
• Nature of the underlying dispute;
• Claims originally submitted;
• Claims settled;
• Claims remaining disputed;
• Exact amounts;
• Relevant periods;
• Gross or net character;
• Interest;
• Instalments;
• Payment dates;
• Security;
• Conditional release;
• Default consequences;
• Pending lawsuits;
• Enforcement files;
• Costs and lawyers’ fees;
• Confidentiality;
• Enforceability;
• Signatures;
• Final-report consistency.

The Role of a Turkish Mediation Lawyer

A Turkish mediation lawyer may assist by:

• Identifying whether partial settlement is legally appropriate;
• Separating divisible claims;
• Calculating settled and remaining amounts;
• Protecting limitation periods;
• Drafting express reservations;
• Limiting the release;
• Coordinating pending litigation;
• Preserving enforcement files and attachments;
• Obtaining security;
• Preparing an enforceable agreement;
• Filing the lawsuit for remaining claims;
• Defending against an overly broad interpretation of the settlement.

Legal representation is especially important where the dispute includes several claims or where payment is deferred.

Frequently Asked Questions

Can parties settle only part of a dispute in Turkish mediation?

Yes. The parties determine the scope of their agreement under Law No. 6325.

Can a lawsuit be filed concerning the unsettled claims?

Yes, provided that those claims were not released and all mandatory mediation and deadline requirements are satisfied.

Can a party sue again for the settled claims?

As a general rule, no. The parties cannot bring a new lawsuit concerning matters on which they agreed.

Must the remaining claims be listed?

They should be listed expressly to avoid interpretation disputes.

Does a broad release affect remaining claims?

Yes. Broad release language may be interpreted as waiving claims beyond the specific matters described as settled.

Must mandatory mediation be repeated?

Not usually if the remaining claim was included in the original process and remained unresolved. If it was not included, a new application may be required.

Does limitation start running again?

Yes. The relevant period resumes for unsettled claims after the mediation process legally ends.

Can the settled part be enforced?

Yes, if the obligations are clear and the applicable signature or court-annotation requirements are satisfied.

Can principal debt be settled while interest remains disputed?

Yes. The agreement must state this clearly.

Can an employee settle severance pay and sue for overtime?

Potentially yes, if overtime was not settled or released and the procedural requirements are satisfied.

Can eviction be settled while the deposit remains disputed?

Yes. The document should expressly reserve the deposit claim.

Can a partial settlement be challenged?

It may be challenged on limited validity grounds such as fraud, duress, lack of authority or violation of mandatory law.

Conclusion

Partial settlement in Turkish mediation provides parties with a flexible method of resolving some issues without abandoning their rights concerning the remaining dispute.

Law No. 6325 allows the parties to determine the scope of their agreement. This means that mediation may end with a full agreement, partial agreement or complete non-agreement.

The central legal principle is that settled and unsettled matters must be separated clearly.

For settled matters:

• The agreement is binding;
• Enforcement may be possible;
• A new lawsuit is generally prohibited;
• The parties must comply with payment, delivery, eviction or other obligations.

For unsettled matters:

• Litigation, arbitration or enforcement may continue;
• Mandatory mediation must have been completed where required;
• Limitation and forfeiture periods must be monitored;
• Rights should be expressly reserved;
• Confidential mediation communications generally remain protected.

A partial settlement should identify:

• Claims settled;
• Claims not settled;
• Amounts;
• Periods;
• Interest;
• Releases;
• Pending cases;
• Enforcement files;
• Default;
• Costs;
• Enforceability.

The greatest risk arises where the document is described as partial but contains a broad release of all claims. Another common risk is accepting part payment without clarifying whether it is a partial payment or full and final settlement.

Employment, commercial, rental and co-ownership disputes frequently contain several divisible claims and therefore benefit from careful partial-settlement drafting.

A partial settlement can reduce the amount in dispute, produce immediate payment and simplify later proceedings. However, unclear wording may create a new lawsuit concerning the scope of the settlement itself.

An experienced Turkish mediation lawyer can ensure that the agreed matters are final and enforceable while the remaining claims are preserved accurately and pursued within the relevant deadlines.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Turkish mediation, contract, employment, commercial, rental, property and procedural rules may change. Every partial settlement should be evaluated according to the agreement wording, original mediation application, final report, remaining claims and legislation in force on the date of the process.