Dispute Resolution

Claims for receivables and compensation whose subject is the payment of a sum of money in commercial cases, as well as claims for receivables and reinstatement between employee and employer, fall within the scope of this procedural prerequisite.

Eviction of leased immovable property, dissolution of co-ownership, disputes arising from condominium ownership, and a specific portion of consumer disputes have also been brought within this scope.

Claims for material and non-material damages arising from a workplace accident, and actions concerning title to immovable property, are outside this scope. Making this distinction from the outset prevents dismissal of the case.

The application is made to the courthouse mediation office, and a mediator is appointed by that office. A meeting invitation is sent to the parties.

The meetings are confidential, and statements made there cannot be used against a party in the court file. This confidentiality broadens the room for negotiation.

If agreement is reached, the resulting document acquires enforceability. If no agreement is reached, final minutes of the mediation are drawn up and attached to the statement of claim.

The document must clearly state the identity of the parties, the subject matter of the dispute, the agreed payment amount and schedule, and the scope of the release. Vague wording gives rise to new disputes.

The consequences that will apply if payment is not made should be specified. The document's enforceability provides an advantage in this respect.

Whether the scope of the release is drafted narrowly or broadly directly affects any cases that may be filed later. For this reason, the text must be drafted carefully.

Disputes over which the parties can freely dispose are suitable for arbitration. Claims relating to title to immovable property and matters not dependent on the will of both parties cannot be submitted to arbitration.

The arbitration clause must be in writing, and its scope must be clearly defined. Unclear clauses create disputes at the stage of an objection to arbitration.

Because arbitration has a single-tier structure, it can save time. On the other hand, the cost burden may be higher than in litigation.

A tiered dispute resolution clause sets the order of first negotiation, then mediation, and finally litigation or arbitration. This order increases the predictability of the process.

Notice addresses and the method of notice must be clearly stated. Specifying a registered electronic mail address facilitates proof.

The clauses on the competent court or the seat of arbitration and the governing law must be drafted together. Contradictory clauses should be eliminated from the outset.

An action to set aside the award may be filed against an arbitral award. The grounds for setting it aside are listed exhaustively in the law, and no fresh review of the merits is carried out.

The arbitrator exceeding their authority, procedural irregularity, and contradiction with public policy are commonly raised grounds. The claim must be supported by concrete evidence.

For the enforcement of foreign arbitral awards in Turkey, an enforcement decision is required. Public policy is reviewed during the enforcement examination.

An interim injunction is requested where a change that may occur in the current situation would make obtaining the right significantly more difficult. The request may also be made before the case is filed.

For monetary claims that have fallen due and are not secured by a pledge, provisional attachment is used instead. Prima facie proof of the claim is required.

The decision must be enforced within the applicable time limit. Missing that time limit automatically renders the measure ineffective.

Preservation of evidence at risk of being lost may be requested before a case is filed. Construction defects, damage conditions, and digital content are assessed within this scope.

An expert examination may be requested during the preservation proceedings. The report forms a strong basis in any subsequent case.

The subject of the preservation request and which facts it relates to must be clearly stated. Requests of a general nature may be rejected.

Appeal is available against a first-instance decision, and the review covers both the facts and the law. The time limit runs from notification of the decision.

An appeal to the Court of Cassation is available against a decision of the regional court of appeal, within the limits set by law. As a rule, review at that stage is limited to questions of law.

Some decisions are final in nature and are not subject to further legal remedy. For this reason, the availability of a legal remedy must be checked after the decision is issued.

In files where the dispute concerns only the amount and the parties wish to continue their relationship, mediation offers an advantage in terms of time and cost.

In files where the legal characterization is disputed, a precedent-setting decision is needed, or the other party is closed to negotiation, litigation is preferred.

In some disputes, mediation is already a procedural prerequisite to filing suit. In these cases, it is not a matter of choice but of order; mediation must be completed first.

Before the negotiation, the claim and the other party's financial position must be assessed. Collectability determines the acceptable amount.

It must be recorded in writing which item the payment is applied against. Otherwise, the remaining claim becomes disputed.

The scope of the release text must be determined carefully. A broadly drafted release may be interpreted to cover claims that have not yet arisen.