How and When Can I Apply?

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How and When Can I Apply?

The application can be made to the mediator before the dispute is brought to justice or before the judgment is made during the trial. Not every dispute is legally available to be resolved through mediation. Since your dispute can be brought to the mediator, the following features should be examined; First of all, the dispute must be related to private law. There should be a freely recoverable dispute over the dispute.

In order to execute the solution created as a result of the dispute, it should have a content that does not need to be registered by a decision of the judge of a legal record. In this sense, cases and disputes such as divorce cases, population cases, title deed and registration cases, cadastral cases, criminal cases, custody cases are not suitable for mediation. For example, claims for compensation, disputes arising from the receivable-debt relationship, deciding on the appointment of internal auditors to companies on which partners can freely decide, distribution of dividends, etc. Mediation in matters is possible as a rule.

Mediation duty can only be carried out by persons registered in the registry. For this, an application to a mediator you will select from the Mediators Registry (http://www.adb.adalet.gov.tr/arabulucu/) published on the Ministry of Justice Mediation Department website (http://www.adb.adalet.gov.tr/arabulucu/) It may be. While the parties can jointly determine the mediator, they can apply together, and one party can apply to the mediator it has determined to ensure that an invitation is sent to the other party. If the party receiving the invitation in this way does not submit an acceptance declaration to the mediator who sent him an invitation within 30 days, the offer will be deemed rejected and the mediation process will not start. If the declaration of acceptance is made, the mediator will invite both parties to keep a report and thus the mediation process will begin. If the parties request the mediation process by applying to the court together during the trial, the declarations of the judge will interrupt the proceedings, and the trial will stop with the entire period for 3 months.

Our areas of work

In the case of a company we advise, our law firm’s approach is to take precautionary measures to protect the interests of our clients before disputes or conflicts arise. At this point it is important to ensure coordination with our office regarding the work and transactions to be carried out by the client company.

  • LABOR LAW

    Labor Law

    Preparing the service contracts that your company will make with the personnel it will employ, examining the existing contracts and informing your company about the necessary changes. READ MORE...
  • COMMERCIAL AND CORPORATE LAW

    Commercial and Corporate Law

    Informing your company about the preparation, arrangement, review of the contracts that your company will make with domestic and foreign companies or individuals and the necessary changes. READ MORE...
  • COLLECTION OF RECEIVABLES AND ENFORCEMENT AND BANKRUPTCY LAW

    Collection of Receivables and Enforcement and Bankruptcy Law

    Collection of all receivables of your company arising from both foreign exchange bills and commercial transactions and transactions through forced execution. READ MORE...
  • INTELLECTUAL AND INDUSTRIAL RIGHTS LAW

    Intellectual and Industrial Rights Law

    In the face of violations of the trademark and patent rights of your company, initiating a criminal and legal procedure for the punishment of the persons responsible for the violation and the damages that your company will suffer… READ MORE...
  • ALTERNATIVE DISPUTE RESOLUTION

    Alternative Dispute Resolution

    Mediation is a procedure carried out with the participation of a neutral and objective third party, which brings together the conflicting parties to negotiate and achieve a voluntary and mutually acceptable solution, facilitating communication between the parties… READ MORE...
  • ENERGY LAW

    Energy Law

    Can & Partner’s experience in the energy sector has developed over 25 years in the field of oil, and its experience extends to natural gas and coal as well as other renewable energy sources such as the sun and wind. READ MORE...
  • PROTECTION OF PERSONAL DATA

    Protection of Personal Data

    The Law on Protection of Personal Data No. 6698, the transition process of which has been completed as of 7 April 2018, brings very serious obligations to real and legal persons who process personal data in order to prevent risks such as abuse of personal data… READ MORE...
  • CIVIL LAW

    Civil Law

    We provide care, meticulous representation, follow-up and earnings in all cases of our clients in civil law. READ MORE...
  • INSURANCE LAW

    Insurance Law

    Our firm’s leading lawyers in the field of insurance law, expert lawyers, advise our clients, prepare, review, change contracts; They are highly experienced in business and especially recourse follow-up and provide services. READ MORE...
  • REAL ESTATE LAW

    Real Estate Law

    Our office deals with the rights of both parties in all real estate transactions within the framework of laws and focuses on the interests of our clients. Can & Partner lawyers, who have gained 30 years of experience in real estate law, can easily resolve issues such as expropriation… READ MORE...
  • TOURISM LAW

    Tourism Law

    Tourism is very important in today’s globalizing world. For this reason, our office, which has great experiences especially on the rights of passengers traveling by airline, conducts examination, consultancy and litigation in parallel with the European Union’s Regulation (EC) No 261/2004 dated 11/2/2004. READ MORE...
  • INTERNATIONAL PRIVATE LAW

    International Private Law

    As Can & Partner Law Firm, although we have advanced German and English languages, we do not only advise our foreign clients about Turkish Law, especially through our connections in Germany and the trainings received there. READ MORE...
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