Mandatory mediation
Conduct of the mandatory mediation process in employee claims, reinstatement, commercial debt, consumer and tenancy disputes.
Practice Area · 17
Acting for parties in mandatory and voluntary mediation; preparing the negotiation, structuring the settlement agreement and securing its enforceability.
Last updated: · UTU Hukuk & Danışmanlık
Mediation is not a small rehearsal for litigation; it is a separate process capable of determining the outcome in a binding way. A settlement agreement signed at the first meeting takes effect like a court judgment once an enforceability annotation is obtained. Entering a negotiation unprepared can therefore have graver consequences than entering litigation unprepared.
UTU Hukuk & Danışmanlık acts for parties in mandatory mediation in employment, commercial, consumer and tenancy disputes, and in voluntary mediation initiated by the parties themselves. The calculation of claims, the starting point for interest and the limits of the other side's demands are established before the negotiation.
Where no settlement is reached, the content of the final record affects the course of any subsequent proceedings. What the record covers and which claims are reserved are set down in writing as the process closes.
Scope
UTU Hukuk provides litigation and advisory services in Ankara in Mediation on the following matters: Mandatory mediation, Negotiation preparation, Acting for the party, Structuring the settlement agreement, Enforceability annotation, Final record and litigation stage and Voluntary mediation. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.
Conduct of the mandatory mediation process in employee claims, reinstatement, commercial debt, consumer and tenancy disputes.
Calculation of claim and compensation items, preparation of the document file, and setting the settlement range in advance.
Representation at meetings and assessment of the legal consequences of offers and counter-offers.
Setting out clearly in the document the payment schedule, the scope of the release, confidentiality and the consequences of default.
Obtaining an enforceability annotation on the settlement agreement and, where necessary, commencing enforcement proceedings.
Drawing up the final record where no settlement is reached, and moving to litigation within the prescribed period.
Planning resolution processes conducted by agreement of the parties in disputes where mediation is not mandatory.
Authorities
Depending on their nature, Mediation cases are handled before Mediation Office, Labour Court, Commercial Court of First Instance, Consumer Court, Civil Court of Peace and Enforcement Office. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.
Process
Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.
We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.
Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.
Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.
Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.
Q & A
You can; however, a signed settlement agreement is enforceable like a court judgment. Because its scope and release provisions cannot be reopened afterwards, a legal assessment before signing is recommended.
A party who fails to attend without a valid excuse may be held liable for the costs of the proceedings even if they succeed in whole or in part, and no attorney's fee may be awarded in their favour.
As a rule, not in respect of the matters covered by the settlement. The settlement agreement must therefore state clearly which claims it covers and which are reserved.
The law prescribes a period according to the type of dispute, which may be extended only to a limited extent. The process is markedly shorter than litigation.
Where a settlement is reached it is, as a rule, shared equally by the parties; where no settlement is reached, the fee for the first meeting is met from the budget of the Ministry of Justice. The parties may agree otherwise.
Read more
Files rarely stay within a single area. The areas below are those that most often run alongside this one.
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2 min readAt the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.