The Role of a Turkish Lawyer in Mediation Proceedings

Introduction

Mediation has become an integral part of dispute resolution in Turkey. Employees, employers, companies, consumers, landlords, tenants, co-owners, shareholders and foreign investors may encounter mediation either voluntarily or as a mandatory procedural step before litigation.

The principal legislation governing mediation is Law No. 6325 on Mediation in Civil Disputes. The law regulates the fundamental principles of mediation, the duties of mediators, confidentiality, the use of statements made during mediation, settlement agreements and their enforceability.

In addition to voluntary mediation, Turkish law requires parties to apply to mediation before filing certain employment, commercial, consumer, rental, co-ownership, condominium and neighbourhood disputes.

Although parties may participate personally, the involvement of a Turkish lawyer can significantly affect the legal and commercial quality of the process. The mediator must remain neutral and cannot represent either party. A lawyer, by contrast, protects the interests of one client, evaluates the legal merits of the dispute, calculates claims, identifies procedural risks, negotiates settlement terms and ensures that the final agreement is valid and enforceable.

This distinction is particularly important because a mediation settlement may have consequences similar to those of a court judgment. Once the parties reach a valid settlement, they generally cannot bring a new lawsuit concerning the matters covered by that agreement. Under the applicable statutory conditions, a settlement signed by the parties, their lawyers and the mediator may also qualify as an enforceable document without a separate enforceability annotation.

This article explains the role of a Turkish lawyer in mediation proceedings, including pre-mediation legal analysis, representation, negotiation, powers of attorney, confidentiality, settlement drafting, enforceability and assistance to foreign clients.

Understanding Mediation in Turkey

Mediation is a structured negotiation procedure conducted with the assistance of an independent and impartial registered mediator.

The mediator does not act as a judge, arbitrator or legal representative. The mediator does not decide which party is right, determine the amount payable or impose a settlement.

Instead, the mediator assists the parties in:

• Communicating effectively;
• Identifying disputed issues;
• Understanding their interests;
• Evaluating possible solutions;
• Developing mutually acceptable settlement terms.

A lawyer’s role is fundamentally different. The lawyer does not remain neutral between the parties. The lawyer owes professional duties to the client and must protect the client’s rights and interests throughout the process.

The mediator manages the process. The lawyer manages the client’s legal position.

Why Is a Turkish Lawyer Important in Mediation?

Mediation is often described as less formal than litigation. However, less formality does not mean fewer legal consequences.

During mediation, a party may:

• Acknowledge a debt;
• Accept an instalment schedule;
• Waive interest;
• Agree to leave rented property;
• Release employment receivables;
• Withdraw enforcement proceedings;
• Transfer property rights;
• Accept confidentiality obligations;
• Undertake not to compete;
• Waive the right to file a future lawsuit.

These decisions may have permanent legal and financial consequences.

The mediator may explain the general nature of mediation, but the mediator cannot advise one party on whether a proposal is commercially or legally beneficial. The mediator must remain impartial and observe equality between the parties. The Ministry of Justice also emphasises impartiality, equality and confidentiality as essential conditions of mediation.

A Turkish mediation lawyer can independently assess whether the proposed settlement protects the client or exposes the client to unnecessary risk.

Determining Whether Mediation Is Mandatory

One of the first responsibilities of a Turkish lawyer is determining whether the dispute is subject to mandatory mediation.

Mandatory mediation is a condition of action. If the claimant files a covered lawsuit without completing mediation, the court may dismiss the case on procedural grounds without examining the merits.

Mandatory mediation applies to various categories of disputes, including many:

• Employment receivables and compensation claims;
• Reinstatement claims;
• Commercial monetary claims;
• Commercial compensation claims;
• Consumer court disputes;
• Rental disputes;
• Rent determination actions;
• Court-based eviction claims;
• Co-ownership disputes;
• Condominium disputes;
• Neighbourhood disputes.

Applications are generally submitted to courthouse mediation offices. Where no separate mediation office exists, the designated civil court registry performs the relevant functions.

However, not every private law dispute is subject to mandatory mediation. A lawyer must examine:

• The identity and legal status of the parties;
• The nature of the transaction;
• The legal basis of the claim;
• The court that would hear the case;
• The type of remedy requested;
• Statutory exceptions;
• Special arbitration or enforcement procedures.

For example, a dispute between two companies is not automatically subject to mandatory commercial mediation merely because both parties are commercial entities. The substance of the dispute and the relief requested must also fall within the relevant statutory scope.

Similarly, most court-based eviction actions require mediation, while certain non-judicial eviction proceedings under enforcement law may follow a different route.

Incorrect classification may cause delay, expense and loss of procedural rights. A Turkish lawyer can identify the correct procedure before the application is filed.

Determining the Correct Parties

A mediation process is effective only if the correct legal parties are included.

This issue is particularly important in disputes involving:

• Corporate groups;
• Branches;
• Franchises;
• Subcontractors;
• Principal employers;
• Co-owners;
• Marketplace operators;
• Insurers;
• Banks;
• Guarantors;
• Foreign companies.

A commercial name displayed on a shop, website or invoice may not be the full legal name of the responsible company.

A lawyer may need to examine:

• Trade registry records;
• Tax information;
• Contracts;
• Social security records;
• Title deeds;
• Powers of attorney;
• Corporate structures;
• Invoices and payment records.

In an employment dispute, the worker may have been formally employed by a subcontractor but managed by another company. In a consumer dispute, responsibility may lie with the seller, manufacturer, importer or service provider. In a rental dispute, the property may have several co-owners.

If the wrong party is named, the mediation process may fail to cover the person or entity that should later be included in litigation.

Protecting Limitation and Forfeiture Periods

A Turkish lawyer must identify all applicable limitation and forfeiture periods before mediation begins.

Mediation has legal effects on the calculation of certain statutory periods. However, an application does not revive a right that has already expired, and it may not protect claims against parties who were never included in the process.

Some disputes involve particularly short deadlines.

For example:

• Reinstatement claims are subject to strict application and filing periods;
• Certain eviction actions must be filed within statutory periods;
• Actions arising from enforcement proceedings may have short deadlines;
• Consumer claims may be affected by warranty and notification periods;
• Commercial claims may be affected by contractual notices and limitation periods.

A lawyer should prepare a deadline schedule before applying.

This analysis should include:

• Date on which the claim arose;
• Date of termination or breach;
• Date of service of notices;
• Applicable limitation period;
• Applicable forfeiture period;
• Date of mediation application;
• Date of final report;
• Remaining period for filing a lawsuit.

Without this calculation, a party may believe that mediation has protected the claim when an essential deadline has already been missed.

Defining the Scope of the Application

The scope of the mediation application should be drafted carefully.

An application that is too vague may create disagreement about which claims were discussed. An application that is too narrow may fail to cover claims that the party later wishes to bring before the court.

A Turkish lawyer should identify:

• The legal relationship;
• Relevant contracts;
• Disputed period;
• Principal receivable;
• Interest;
• Compensation;
• Penalties;
• Counterclaims;
• Non-monetary obligations;
• Pending enforcement proceedings;
• Requested settlement outcomes.

In an employment dispute, the application may need to identify severance pay, notice compensation, overtime, annual leave, unpaid salary, bonuses and reinstatement separately.

In a commercial dispute, the application may need to cover unpaid invoices, contractual compensation, interest, penalty clauses, annulment of objection or negative declaratory relief.

In a rental dispute, the issues may include rent determination, unpaid rent, eviction, deposit, property damage and common expenses.

The lawyer should ensure that the final mediation report accurately reflects the dispute submitted to mediation.

Preparing the Client for Mediation

Effective mediation requires preparation.

Before the first meeting, a Turkish lawyer should obtain a complete factual account from the client and review the available evidence.

The lawyer may prepare:

• A chronology of events;
• A summary of legal claims and defences;
• A calculation of receivables;
• A list of disputed and undisputed facts;
• A risk analysis;
• A settlement range;
• Alternative payment structures;
• Proposed security;
• Draft settlement clauses.

The lawyer should also explain the difference between:

• Legal entitlement;
• Probable court outcome;
• Evidential risk;
• Enforcement risk;
• Commercial settlement value.

A client may have a legally strong claim but face difficulty proving it. Another client may have strong evidence but little chance of collecting from an insolvent debtor.

The purpose of legal preparation is not merely to determine who is right. It is to determine what outcome best protects the client in practice.

Assessing the Strength of the Case

A lawyer should conduct an objective legal assessment before negotiations.

This may involve examining:

• Jurisdiction;
• Applicable law;
• Contract validity;
• Burden of proof;
• Available documents;
• Witness evidence;
• Expert evidence;
• Court practice;
• Interest exposure;
• Legal costs;
• Appeal risk;
• Enforceability.

The lawyer should distinguish between the client’s emotional position and legally recoverable claims.

For example, a landlord may feel strongly that a tenant has acted unfairly, but the statutory conditions for eviction may not be satisfied. An employee may believe that every hour spent near the workplace constitutes overtime, while evidentiary limitations may reduce the realistic claim. A company may have a valid invoice but face a substantial defence based on defective performance.

A realistic assessment enables the lawyer to establish a rational negotiation strategy.

Calculating the Claim

Accurate calculation is one of the most important functions of a lawyer in mediation.

Depending on the dispute, the lawyer may calculate:

• Principal receivable;
• Contractual interest;
• Statutory interest;
• Default interest;
• Foreign-currency differences;
• Severance pay;
• Notice compensation;
• Overtime;
• Annual leave;
• Rent differences;
• Deposit deductions;
• Compensation;
• Contractual penalties;
• Enforcement expenses;
• Lawyers’ fees;
• Taxes and deductions.

The lawyer should identify whether the amount is:

• Gross or net;
• Inclusive or exclusive of tax;
• Payable in Turkish lira or foreign currency;
• Subject to social security deductions;
• Subject to withholding;
• Inclusive of interest;
• Inclusive of legal costs.

An agreement stating only a total amount without explaining these matters may lead to new disputes.

Developing a Negotiation Strategy

Mediation is not simply a conversation between the parties. It is a strategic negotiation process.

A Turkish lawyer may help the client define:

• The ideal outcome;
• The minimum acceptable outcome;
• Issues that are non-negotiable;
• Matters that may be traded;
• Payment deadlines;
• Security requirements;
• Consequences of default;
• Alternative outcomes if mediation fails.

The lawyer should also consider the client’s best alternative to a negotiated agreement.

This may include:

• Filing a lawsuit;
• Continuing enforcement proceedings;
• Applying for interim attachment;
• Seeking an injunction;
• Initiating arbitration;
• Terminating a contract;
• Maintaining the commercial relationship.

A party should not accept an unfavourable settlement merely because mediation is mandatory. At the same time, the client should understand the costs and uncertainty of rejecting a reasonable proposal.

Representation During Mediation Meetings

Parties may participate personally or through lawyers holding appropriate authority. The Ministry of Justice confirms that parties may be represented by legal counsel during mediation.

During the meeting, the lawyer may:

• Present the client’s legal position;
• Correct factual misunderstandings;
• Explain documents;
• Respond to legal arguments;
• Make settlement proposals;
• Evaluate counteroffers;
• Request private consultation;
• Protect the client against pressure;
• Ensure that concessions are properly recorded.

The lawyer should not prevent constructive communication. Effective representation in mediation differs from aggressive courtroom advocacy.

The aim is not to defeat the other party in debate. The aim is to secure a lawful, practical and enforceable outcome for the client.

A skilled mediation lawyer knows when to insist on legal rights and when to explore flexible commercial solutions.

The Lawyer and the Mediator Have Different Roles

A common misunderstanding is that the mediator will protect both parties equally and therefore legal representation is unnecessary.

The mediator must maintain procedural equality, but the mediator cannot become either party’s lawyer.

The mediator cannot:

• Recommend that one party accept or reject a proposal;
• Calculate a claim solely for one party’s benefit;
• Draft the agreement as one party’s advocate;
• Warn only one party about the risks of a release;
• Negotiate against the other party;
• Advise one party about litigation strategy.

The party’s own lawyer performs these functions.

The mediator protects the integrity of the process. The lawyer protects the client’s legal interests.

Powers of Attorney and Authority to Settle

Where a lawyer participates on behalf of a client, the power of attorney should contain sufficient authority for the acts to be performed.

The authority required may depend on whether the lawyer will:

• Apply for mediation;
• Attend meetings;
• Make proposals;
• Settle;
• Accept debt;
• Release claims;
• Waive rights;
• Agree to eviction;
• Accept instalments;
• Withdraw litigation;
• Sign the final report;
• Sign the settlement agreement.

A lawyer should review the power of attorney before the meeting.

Corporate representation also requires careful examination. A company representative may need authority under:

• A signature circular;
• Board resolution;
• Articles of association;
• Internal authorisation;
• Notarised power of attorney.

A settlement signed by a person without sufficient authority may later be challenged.

For foreign companies, the relevant corporate and power-of-attorney documents may require notarisation, apostille, consular legalisation and sworn Turkish translation.

Protecting Confidentiality

Confidentiality is one of the central principles of Turkish mediation.

Information, offers and statements produced specifically for the mediation process are generally protected. This enables parties to make settlement proposals without automatically admitting liability.

A lawyer should explain to the client:

• Which statements are confidential;
• Which documents existed independently;
• Which information may be disclosed;
• Who may attend the meeting;
• Whether internal reporting is permitted;
• How draft agreements should be handled.

A pre-existing invoice, contract, bank record or email does not become unusable in litigation merely because it was presented during mediation.

However, settlement proposals and admissions made solely for the mediation process are treated differently.

The lawyer should also ensure that the client does not:

• Secretly record meetings;
• Publicly disclose settlement offers;
• Circulate confidential documents unnecessarily;
• Make statements that breach separate confidentiality duties.

Where trade secrets, personal data or commercially sensitive information are involved, additional confidentiality provisions may be required.

Reviewing Information and Evidence

Mediation does not normally involve formal evidence-taking in the same way as litigation. Nevertheless, documents and evidence strongly influence bargaining positions.

A lawyer may review:

• Contracts;
• Invoices;
• Delivery records;
• Bank statements;
• Payroll records;
• Social security records;
• Notices;
• Expert reports;
• Photographs;
• Correspondence;
• Title deeds;
• Trade registry documents;
• Insurance policies;
• Enforcement records.

The lawyer may decide which documents should be disclosed during mediation and which should remain confidential.

Full disclosure is not always required in the same manner as court proceedings. However, misleading the other party or concealing legally decisive information may create risks concerning validity, good faith and later challenges.

Preventing Unequal Bargaining

Mediation may involve parties with substantially different levels of power.

Examples include:

• Employee and multinational employer;
• Consumer and bank;
• Tenant and institutional property owner;
• Small supplier and major distributor;
• Individual shareholder and controlling shareholder;
• Foreign investor and local partner.

A lawyer helps reduce this imbalance.

The lawyer can:

• Translate legal terminology;
• Explain realistic rights;
• Resist time pressure;
• Request access to documents;
• Challenge unsupported calculations;
• Identify hidden waivers;
• Negotiate security;
• Prevent the client from signing immediately.

Where the client is vulnerable, lacks language skills or does not understand Turkish legal procedure, legal representation may be essential.

Drafting the Settlement Agreement

The settlement agreement is the most important legal document produced during mediation.

A poorly drafted agreement may create more disputes than it resolves.

A Turkish lawyer should ensure that the agreement includes:

• Full identification of the parties;
• Authority of signatories;
• Description of the dispute;
• Claims covered;
• Settlement amount;
• Currency;
• Payment dates;
• Bank account information;
• Interest;
• Instalments;
• Security;
• Delivery obligations;
• Tax treatment;
• Social security treatment;
• Costs and lawyers’ fees;
• Pending proceedings;
• Confidentiality;
• Default consequences;
• Scope of release;
• Enforcement provisions.

The agreement should answer four basic questions:

1. Who must perform?
2. What must be performed?
3. When must performance occur?
4. What happens if performance does not occur?

Avoiding Ambiguous Settlement Terms

A lawyer should avoid wording such as:

• “The debt will be paid in due course.”
• “The employee’s rights will be satisfied.”
• “The tenant will vacate at an appropriate time.”
• “The company will repair the product.”
• “The parties release each other completely.”

These phrases may be too uncertain for effective enforcement.

Instead, the agreement should specify:

• Exact amount;
• Exact due date;
• Exact property;
• Exact obligation;
• Exact account;
• Exact default consequence.

For example, an eviction agreement should state the complete address, delivery date, key delivery procedure, condition of the property and consequences of delayed departure.

An employment agreement should identify each receivable and whether amounts are gross or net.

A commercial agreement should define the invoices, interest and security.

Limiting Release Clauses

Release clauses require particular attention.

A broad release may prevent the client from bringing claims that were not actually considered during negotiations.

A lawyer should define:

• Which claims are released;
• Which contract or relationship is covered;
• Which period is covered;
• Whether unknown claims are included;
• Whether affiliates and representatives are included;
• Whether the release is conditional;
• Which rights remain reserved.

Where payment will be made later, the release should often become effective only after full and timely performance.

Otherwise, a creditor may release the debtor before receiving payment.

Protecting the Client in Instalment Settlements

Many mediation settlements involve instalment payments.

A lawyer should consider including:

• Instalment dates;
• Grace periods;
• Default interest;
• Acceleration of remaining debt;
• Loss of discount;
• Security;
• Guarantors;
• Promissory notes;
• Bank guarantee;
• Mortgage or pledge;
• Enforcement rights;
• Costs of default.

An unsecured instalment agreement may simply postpone the problem.

The lawyer should investigate whether the debtor has sufficient assets and whether the proposed security is legally valid.

Addressing Pending Court and Enforcement Proceedings

Parties may already have lawsuits, arbitration proceedings or enforcement files.

The settlement should clearly state:

• Which proceedings will be withdrawn;
• When withdrawal will occur;
• Whether withdrawal depends on payment;
• Who will pay court costs;
• Who will pay enforcement expenses;
• Whether interim measures will be lifted;
• Whether attachments will remain until payment;
• Whether objections will be withdrawn;
• How lawyers’ fees will be allocated.

A creditor should be cautious about immediately withdrawing an enforcement proceeding before receiving payment.

The lawyer may recommend conditional withdrawal or maintaining security until performance is complete.

Enforceability of Mediation Agreements

A valid mediation settlement is binding on the parties.

Under Turkish mediation law, the parties may request an enforceability annotation where necessary. An agreement that satisfies the applicable statutory requirements may be treated as a document equivalent to a court judgment.

Where the agreement is signed by the parties, their lawyers and the mediator, it may qualify as an enforceable document without a separate enforceability annotation.

The lawyer should determine:

• Whether direct enforceability is available;
• Whether court annotation is required;
• Which court is competent;
• Whether the subject matter is suitable for enforcement;
• Whether special form requirements apply.

Special rules may apply to settlements concerning real estate, registration, transfer of ownership or limited real rights.

The Ministry of Justice has also warned that settlements involving agricultural land must comply with statutory transfer and division restrictions.

Preventing Invalid or Unenforceable Agreements

A lawyer should review whether the proposed settlement violates:

• Mandatory law;
• Public policy;
• Statutory form requirements;
• Corporate authority rules;
• Property registration requirements;
• Foreign-exchange restrictions;
• Consumer protections;
• Employment protections;
• Competition law;
• Data protection law.

The fact that an agreement was signed during mediation does not automatically make every clause valid.

For example:

• A company representative may lack authority;
• A real estate obligation may require additional formality;
• A release may conflict with mandatory rules;
• A non-compete clause may be excessive;
• An obligation may be too vague to enforce.

The lawyer’s role is to identify these risks before signature.

The Lawyer’s Role When No Agreement Is Reached

Mediation may end without settlement.

In that case, the lawyer should:

• Review the final report;
• Confirm which parties participated;
• Confirm the scope of the dispute;
• Calculate remaining deadlines;
• Preserve evidence;
• Prepare the lawsuit or defence;
• Consider interim measures;
• Review settlement statements for confidentiality;
• Update the litigation strategy.

A failed mediation should not be treated as wasted effort.

The process may reveal:

• The other party’s main defence;
• The documents relied upon;
• The amount realistically disputed;
• Potential weaknesses;
• Possibility of future settlement.

The lawyer can use this information strategically without violating confidentiality.

Representation of Foreign Clients

Foreign individuals and companies frequently require legal representation in Turkish mediation.

A Turkish lawyer may assist foreign clients with:

• Determining Turkish jurisdiction;
• Reviewing governing law;
• Preparing powers of attorney;
• Obtaining apostille or legalisation;
• Arranging sworn translations;
• Conducting online meetings;
• Explaining Turkish procedural rules;
• Drafting bilingual agreements;
• Managing foreign-currency payments;
• Planning cross-border enforcement.

A foreign party may not understand the difference between:

• Mandatory and voluntary mediation;
• Mediator and lawyer;
• Settlement and judgment;
• Direct enforceability and court annotation;
• Turkish lira and foreign-currency obligations.

The Turkish lawyer acts as both legal representative and procedural guide.

Bilingual Settlement Agreements

International mediation agreements are often prepared in Turkish and another language.

A lawyer should ensure that the agreement states:

• Which language version prevails;
• Whether both texts are equally binding;
• How legal terms are translated;
• Which law governs interpretation;
• Where disputes will be resolved;
• Whether the agreement will be enforced in Turkey or abroad.

Literal translation may not accurately reflect Turkish legal concepts.

Terms such as release, waiver, enforceability, default and final settlement must be translated with care.

Online Mediation and Remote Representation

Mediation meetings may be conducted online where effective participation and confidentiality can be maintained.

Online mediation is particularly useful for:

• Foreign investors;
• Parties located in different cities;
• Multinational companies;
• Overseas employees;
• International commercial disputes.

A lawyer should ensure:

• Identity verification;
• Secure communication;
• Confidential surroundings;
• Availability of documents;
• Authority of participants;
• Proper execution of signatures;
• Preservation of the final agreement.

Remote participation should not result in rushed or informal decision-making.

The Lawyer’s Ethical Responsibilities

A Turkish lawyer participating in mediation remains bound by professional duties.

The lawyer must:

• Act loyally toward the client;
• Preserve confidentiality;
• Avoid conflicts of interest;
• Provide accurate legal advice;
• Respect the voluntary nature of settlement;
• Avoid misleading conduct;
• Ensure informed consent;
• Act within the authority granted.

The lawyer should not force the client to accept a proposal merely because settlement would be convenient.

The final decision belongs to the client.

At the same time, the lawyer should explain the risks of rejecting a reasonable settlement.

Choosing the Right Turkish Mediation Lawyer

The appropriate lawyer should have experience in both the relevant substantive field and mediation practice.

A commercial dispute may require knowledge of company law, contracts and enforcement. An employment dispute requires familiarity with employment receivables and reinstatement. A rental dispute requires knowledge of lease and eviction law.

The lawyer should be able to:

• Analyse the merits;
• Calculate claims;
• Negotiate effectively;
• Draft clear agreements;
• Assess enforcement;
• Communicate with the mediator;
• Explain risks to the client.

For complex disputes, knowledge of tax, corporate authority, foreign exchange or international enforcement may also be necessary.

Frequently Asked Questions

Is a lawyer mandatory in Turkish mediation?

No. Parties may generally participate personally. However, legal representation is strongly recommended where the dispute is high-value, complex or capable of producing significant waivers.

Does the mediator protect my legal interests?

The mediator protects the fairness and integrity of the process but does not act as your personal legal adviser.

Can my lawyer attend without me?

A lawyer may participate on behalf of the client where the power of attorney contains the necessary authority.

Can a lawyer sign the settlement?

A lawyer may sign where properly authorised. The scope of the power of attorney should be reviewed carefully.

Why is the lawyer’s signature important?

Under the statutory conditions, an agreement signed by the parties, their lawyers and the mediator may qualify as an enforceable document without a separate enforceability annotation.

Can a lawyer negotiate privately with the mediator?

The mediator may meet parties and their lawyers separately, while remaining impartial and respecting confidentiality.

Can the lawyer calculate the claim?

Yes. Claim calculation is one of the most important parts of legal representation in employment, commercial, rental and consumer mediation.

Can the lawyer prevent an unfair settlement?

The lawyer can explain risks, negotiate better terms and advise against signing. The final decision remains with the client.

Can a lawyer represent a foreign company?

Yes. The lawyer may represent the foreign company under an appropriately executed power of attorney.

What happens if the agreement is not performed?

The lawyer can initiate enforcement where the agreement qualifies as an enforceable document or obtain the required enforceability annotation.

Conclusion

The role of a Turkish lawyer in mediation proceedings extends far beyond attending a meeting.

The lawyer determines whether mediation is mandatory, identifies the correct parties, protects deadlines, calculates claims, evaluates evidence, develops negotiation strategy and protects the client against disproportionate concessions.

During negotiations, the lawyer explains the legal consequences of proposals, addresses bargaining imbalances and ensures that the client’s decisions are informed and voluntary.

The lawyer’s most important role may arise at the drafting stage. A mediation settlement must clearly define payment, performance, security, default, release, costs and enforcement. Vague or overly broad terms may create serious future problems.

Where the statutory requirements are satisfied, a mediation agreement may have the legal effect of an enforceable document. The parties may also be prevented from filing further lawsuits concerning matters resolved in the settlement.

For foreign individuals and companies, a Turkish lawyer can additionally manage powers of attorney, translations, corporate authority, foreign currency, governing law and cross-border enforcement issues.

Mediation should therefore not be viewed as an informal conversation with no legal risk. It is a formal dispute resolution process capable of producing final and enforceable obligations.

Obtaining advice from an experienced Turkish mediation lawyer can help ensure that the process is used strategically, procedural rights are preserved and any settlement accurately reflects the client’s legal and commercial interests.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Turkish mediation legislation, procedural rules, tariffs and judicial practice may change. Each dispute should be evaluated according to its individual facts and the legislation in force on the relevant date.