Mediation
GlobalB Law prepares and represents clients in commercial mediation, providing a structured, cost-efficient path to binding settlement without the delay and exposure of full litigation.
Mandatory commercial mediation has been part of Turkish procedural law since 2019 for monetary claims, and its scope continues to expand. For international disputes, mediation under ICC, CEDR, or UNCITRAL rules is increasingly specified in technology and investment agreements. GlobalB Law advises clients at every stage, from assessing whether mediation is strategically right through preparing for sessions, negotiating terms, and finalising a binding settlement agreement that is durable and enforceable.
Mediation works best when both preparation and representation are rigorous. We analyse the strengths and weaknesses of both sides' positions before the first session, identify the interests driving the other party, and develop a negotiation strategy that protects the client's core commercial interests while creating space for a realistic settlement. Where mandatory mediation is a procedural precondition to litigation or arbitration, we ensure compliance so that subsequent proceedings are not jeopardised.
For cross-border disputes, we coordinate with counsel in other jurisdictions to ensure that any settlement agreement is structured in a way that is enforceable where it matters. We also advise on the Singapore Convention on Mediation, which enables direct enforcement of international settlement agreements across signatory states, a significant development for technology and fintech companies operating across borders.
What we do
Services in this practice
常见问题
常见问题解答
Is mediation mandatory before filing a commercial lawsuit in Türkiye?
Yes, for monetary commercial claims. Since 2019, Turkish law requires parties to attempt mediation before initiating litigation for most commercial monetary disputes. Failure to comply results in the case being dismissed on procedural grounds.
Can a mediation settlement agreement be enforced like a court judgment?
In Türkiye, a settlement agreement signed in mandatory mediation and recorded by the mediator carries the enforceability of a court order. Internationally, the Singapore Convention on Mediation (to which Türkiye is a signatory) enables direct enforcement in other signatory states.
What happens if mediation fails?
If mediation does not produce a settlement, the parties receive a certificate of non-settlement and are free to proceed to litigation or arbitration. Nothing said during mediation can be used as evidence in subsequent proceedings, so there is no strategic risk in participating openly.
How do you prepare a client for a mediation session?
We begin with a thorough assessment of the legal merits and the likely range of outcomes at trial. We then help the client define its settlement zone, identify the other side's interests and constraints, and prepare for the mediator's questions and for potential joint sessions.
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