Mediation
Mediation is a fast and flexible dispute resolution method that aims to resolve a dispute through negotiation with the assistance of a neutral third person. Depending on the nature of the dispute, it creates a solution-oriented opportunity for the parties; while providing advantages in terms of time and cost, it also offers a basis for preserving commercial relationships and reputation.
At Nova Hukuk & Uyum Danışmanlık, we approach mediation not merely as a meeting, but as a process management model with its objective and boundaries defined from the outset. We clarify the scope of the dispute and build the negotiation strategy on concrete data and realistic scenarios. Throughout the process, we proceed with clear language and regular updates, and evaluate the available options and possible outcomes in a transparent manner.
Our office contributes to the mediation process in two different roles, depending on the need:
• As mediator: We manage negotiations in accordance with the principle of neutrality, help the parties meet on common ground, and ensure that the settlement agreement is structured in a clear and applicable manner.
• As counsel for a party: We prepare in a way that protects the rights and interests of the client; structure the negotiation strategy, participate in the negotiations together with or on behalf of the client, and evaluate the settlement agreement in terms of risk and applicability.
In matters where confidentiality and reputation are important, we pay particular attention to conducting the mediation process with care and within a relationship of trust. Our aim is to resolve the dispute before it escalates, through manageable steps and an applicable settlement.
We structure the mediation process by adapting it to different needs depending on the nature of the matter. The main areas we most frequently handle are as follows:
• Employment Disputes: In disputes relating to the termination of employment relationships and employment receivables, we base the process on documents and calculations, and structure the negotiation approach through possible scenarios.
• Commercial Disputes: In receivables, performance/delivery, termination, and compensation claims arising from contractual relationships between companies, we establish applicable settlement terms that take commercial balance into account.
• Consumer Disputes: In disputes arising from the provision of goods or services, we clarify the basis of the claim and the available solution options, and aim for a fast and proportionate outcome.
• Lease Disputes: In disputes relating to rent amount and adjustment, eviction, and other issues arising from lease relationships, we create applicable solution structures that take the balance of interests into account.
• Partnership and Distribution Disputes: In matters relating to distribution and liquidation between partners or stakeholders, we clarify the available options and structure the process through applicable settlement terms.
• Collection-Focused Disputes: We clarify payment plans and performance conditions, and structure security and terms in a way that works for the parties.
Depending on the specific characteristics of the matter, we also conduct mediation processes in other areas with the same standard of discipline and transparency; the aim is to resolve the dispute before it escalates, through manageable steps.