FAQ · Practice & Disputes

For my commercial dispute, should I choose litigation, arbitration, or mediation?

We summarise when litigation, arbitration, and mediation each come to the fore.

Updated · July 20261 min readCategory · Practice & Disputes
Short answer

The choice should be based on the value of the dispute, the need for confidentiality, speed, the counterparty's position, enforceability, and the dispute resolution clause in the contract.

Litigation

Court litigation may be appropriate in situations where a precedent-setting judgment is needed, or where the advantages of gathering evidence and enforcement through state authority are required. However, its disadvantages in terms of duration and publicity should be taken into account.

Arbitration

Arbitration can offer advantages such as confidentiality, expert arbitrators, and enforceability abroad, particularly in cross-border contracts. Arbitration generally requires a valid arbitration agreement.

Mediation

Mediation can be a fast and confidential resolution method that preserves the commercial relationship. In certain disputes, it is mandatory as a precondition to litigation.

Confidentiality from the outset

From first contact, the information you share is handled in accordance with professional confidentiality and data protection principles.

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Related questions

In Türkiye, for a significant portion of commercial debt and compensation lawsuits, applying to a mediator before filing suit is a mandatory precondition for litigation.

Arbitration requires the parties' intention to that effect. This intention is usually expressed through an arbitration clause included in the contract or a separate arbitration agreement. Drafting the clause correctly is critical to the soundness of the process.

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