What does settlement mean?
Settlement means to finalise a the case by reaching a compromise
among the parties.
Why should I prefer the way of settlement ?
The process of filing a case could be time consuming and cost a
certain amount of money. The process of settlement enable you to
get the result that may be available at the end of expensive and
long period of filing a case.
If I prefer the "settlement", does it mean I am tortious?
No, It indicates that you want to resolve the case in a shorter
time. Moreover the terms that you accepted during the "settlement"
meetings is not binding at the trial. In other words, if you
cannot settle the matters agreed upon are not binding for the
Do the cases last long?
According to the data of the DG for Criminal Records and
Statistics; a civil case lasted 202- day. The avrege case length
change according to the types of the courts. For example; 619-day
at the Intellectual Properties court, 410-day at the Commercial
Court, 441-day at the Labor Court, 157-day at the Family Court
and 108-day at the Peace Court.
Is it expensive to file a case?
Although the cost of the case change according to the type of
the case, it may be expensive. To give an example; if you loose
the case related to the dispute 10.000 TL at the civil court of
first instance, you pay aproaximately 2.000 TL on the condition
that other party has a lawyer and consulted to the expertise.
It is easy to file a case but not the rest !
Remember that it is easy to bring the case before the court but
as far as the rest of the process concerned it is hard to get
and expensive. The court fees must be paid by the party that
lost the case. But in case that party does not pay you are
allowed to pay the court fees and take it back from other party
through enforcement process. Even if you won the case the
enforcement of the decision is entirely different process to get
the decision enforced.
Would the other party vaiwe his claim if I have settled ?
Remember that when you have settled you make judicial contract
with the other party before and with the formal approval of the
court. Once the court states that the litigation is over by
reason of settlement that written statement will have the full
power of a court verdict. That statement does not only indicates
that the litigation is over due to the settlement it clearly
states the right and duties of the parties stemming from the
settlement. Therefore in case the duties are not fulfilled this
document would be enforcable
Settle the dispute and get the result in a quiet easier way!
Worldwide statistics indicates that the rate of the fullfilment
of duties settled between the parties of a dispute is higher
than those obtained through trial process
Can I settle without filing a case ?
Yes, Lawyers are entitled by law to mediate in a settlement of
legal disputes, When you settle a dispute through the mediation
of a lawyer you would have an enforcable document having the
same legal consequences with a verdict whithout paying any court
What are my financial advantages when I settled?
The amount of the cout fees to be reduced,
In case you settle at the firs stages of the trial ( untill
the first hearing is held) you pay only 1/3 of totall and the
amount of the lawyer cost you have pay to your opponent shall be
reduced by half
In case you settle after the first hearing is held you pay 2/3
You save from the totall trial cost such as ( posting,
expertise, on spot view, travel. Etc) and the time you would
waste in the courts instead of your business.
You also save from the amount of the enforcement costs since
you are not going to run for enforcement process.
Does settlement apply to all kind of legal dispute?
No, Settlement applies to matters t on which o make a contract
is also allowed by law. To put it bluntly, If you can make
contract on a legal matter you can also settle a dispute on that
matter. In matter parties are not allowed to make contract such
as criminal cases, cases on population records, cases about
child custody settlement is not applicable but family cases
courts to save from the time and the costs take into
consideration the terms of an agreement reached between the