Practice areas

Mediation and settlement in Bodrum

Parties to a dispute, including foreign nationals, can be represented in English and Turkish in mandatory and voluntary mediation and in negotiating a settlement agreement.

Legal work for mediation and settlement discussions begins by identifying the dispute and the options the client needs to understand before deciding. The claim, response, available evidence and obligations under a possible agreement are considered together. The duration and outcome of discussions depend on the circumstances and the parties’ positions.

Mandatory mediation and the scope of the application

Whether mediation is a prerequisite to a court action is checked against the nature of the claim and the applicable legislation. Article 18/B of Law No. 6325 covers tenancy disputes, termination of co-ownership, disputes arising under the Condominium Law and neighbours’ rights. The provisions concerning eviction through enforcement without a judgment under Law No. 2004 are the exception specified in that article.

For commercial, employment or consumer disputes, the provisions applicable to the particular claim require separate review. The same scope and sequence are not assumed to apply to every application. Identifying the correct parties, describing the dispute clearly and preparing the supporting documents form part of the work before discussions begin.

Preparation and representation

The client’s claims and the other party’s position are assessed separately. Documents, calculation items, payment and delivery records are gathered. The obligations under possible settlement options, outstanding questions and the risk of non-performance are explained to the client. The scope of representation and authority to sign an agreement are checked before the meeting.

This section describes the preparation and representation carried out by a lawyer for a client. The mediator’s role in the process and the party’s lawyer providing legal advice to that client are distinct. Where English-language communication is needed, documents and options are explained so that the client has the information required to make decisions.

The agreement and its implementation

A settlement should identify which claims are resolved, who must perform each obligation, the payment or delivery schedule and the conditions for completion. The scope and legal consequences of a waiver, release, admission or other declaration are reviewed before signing. Whether the agreement addresses the entire dispute or only a particular part also needs to be clear.

Agreements within Article 18/B of Law No. 6325 require a court endorsement of enforceability. Agreements involving property must also take account of statutory restrictions and procedural requirements. The steps completed by signing and any applications needed afterwards are therefore identified for the particular matter.

Documents for the initial review

Application or invitation documents, contracts, records supporting the claims, correspondence, previous meeting records and any power of attorney are reviewed together. The meeting date, existing applications and the matters on which agreement is sought should be identified.

Discuss your matter in English

For an initial enquiry, briefly describe the matter and the outcome you are seeking. Please avoid sending sensitive documents until the office confirms what is needed. Email the office in English or call +90 532 292 26 38.