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What is settlement?

Started by admin, November 28, 2018, 11:07:59 PM

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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 court.

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 or cheap 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 fee

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 of total
  • 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 parties.