What is Mediation and What Does It Do?
Mediation is a confidential and impartial dispute resolution method that enables legal disputes between parties to be resolved without going to court.
Who is a Mediator?
Specially trained, independent and impartial individuals registered with the Ministry of Justice serve as mediators.
In Which Areas Is It Applied?
- Employer-employee disputes
- Commercial cases
- Tenancy and partnership disputes
- Consumer lawsuits (in some cases)
Differences Between Mandatory and Optional Mediation
| Criterion | Mandatory Mediation | Optional Mediation |
|---|---|---|
| Legal Status | Condition of lawsuit | At the request of the parties |
| Impact on the Court | You can't file a lawsuit without going | Direct lawsuit can be filed |
| Application Area | Business, rent, partnership dissolution and commercial disputes |
Scope of Mandatory Mediation for Companies
In Which Cases Is It Mandatory?
- Labor cases (reinstatement, compensation, wages)
- Commercial disputes
- Cases related to tenancy and partnership relations
Legal Basis
- Labor Courts Law No. 7036
- Turkish Commercial Code No. 6102
- Law No. 6325 on Mediation in Legal Disputes
Mandatory Mediation in Employer-Employee Disputes
Reinstatement Cases
It is mandatory for the worker to apply for mediation before filing a lawsuit for reinstatement. The process is concluded within 3 weeks.
Claims and Compensation Claims
For demands such as severance pay, notice pay, and overtime pay, a mediator should be consulted first.
Mandatory Mediation in Commercial Disputes
As of 2019, mediation has become a condition of litigation in commercial disputes involving money.
Intercompany Disputes
- Contractual obligations
- Debt collection cases
- Commercial service contracts
Tenancy, Partnership and Debt Cases
- Determination of the rent or eviction
- Dissolution of partnership, liquidation
- Intra-company share transfer problems, partnership dissolution cases
In all these cases, the obligation to mediate is valid before going to court.
Stages of the Mediation Process
- Application: Applications are made to mediation offices.
- Appointment: A mediator is appointed within 3 days.
- Meeting: The parties are brought together in due time.
- Result: If it is agreed, the protocol is signed; if not, a report is prepared.
Responsibilities and Preparation Process of Companies
Required Documents
- Written documents regarding the dispute
- Contracts
- Receivables ledgers and correspondence
The Role of the Legal Department
In corporate companies, the legal department usually manages this process.
Results of Agreement and Disagreement in Mediation
- Agreement: It is a court order and can be enforced.
- If Agreement Cannot Be Reached: The parties may file a lawsuit, but the process may take longer in court.
Places to Apply for Mediation
- Mediation Offices in Courthouses
- Online Application via e-Government
What Happens If a Lawsuit is Filed Without Going to Mediation?
The case is dismissed.
If the court determines that mediation was not applied for, it will dismiss the case on procedural grounds.
Advantages of Mediation for Companies
- Savings on litigation costs
- Faster solutions
- Protection of reputation
- Possibility of maintaining commercial relations
- Security
Mediation Fees and Expenses
| If the Parties Agree | If the Parties Cannot Agree |
|---|---|
| They share the cost | The first 2 hours are paid by the state |
The detailed fee schedule is published annually by the Ministry of Justice.
Is a Lawyer Mandatory in Mediation?
No, it is not mandatory.
However, participation with a company lawyer is recommended because the risk of loss of rights is high.
Frequently Asked Questions (FAQ)
1. For which disputes do we, as a company, have to go to mediation?
It is mandatory to apply to a mediator before filing a lawsuit on many issues such as employee receivables, reinstatement, rental disputes, commercial receivables and partnership problems.
2. What happens if we file a lawsuit directly without applying to a mediator?
Your case will be rejected on procedural grounds. If the court determines that mediation was not conducted, it will close the file without taking any action.
3. How long does mediation last?
Results are usually achieved within 3-6 weeks. If necessary, an additional 1-2 weeks may be given.
4. Who pays the mediation fees?
If the parties agree, the fee is paid jointly. If no agreement is reached, the first 2 hours' fee is covered by the Ministry of Justice.
5. Is the mediator's decision as valid as a court decision?
Yes. If an agreement is reached, the report is a court order and can be directly enforced.
6. Is a lawyer necessary during the mediation process?
It is not necessary, but it is a serious advantage, especially for companies, to attend with a lawyer. You will receive support regarding the process and legal language.
Conclusion: When Should You Seek Mediator for Your Company?
If your company;
- If a dismissed employee is facing a compensation claim,
- If you have problems with another company due to a commercial contract or debt,
- If there is a problem in the partnership structure or if they want to initiate legal proceedings regarding the lease,
He/she must apply to a mediator.
Otherwise, a lawsuit cannot be filed and time and money will be lost.
A timely and correct mediation application protects your company from both legal burdens and loss of reputation. Conducting this process in a planned manner with your company's legal advisors provides advantages in every respect.