Attorney-Led Settlement Under Article 35/A of the Turkish Attorneyship Law (Avukat Uzlaşması)

Resolving disputes efficiently, confidentially, and with legal certainty is increasingly important for both individuals and businesses. Turkish law offers a unique and powerful mechanism that allows disputes to be settled by attorneys before litigation formally begins or at a very early stage of court proceedings. This mechanism is regulated under Article 35/A of the Turkish Attorneyship Law No. 1136 and is commonly referred to in practice as Attorney-Led Settlement (Avukat Uzlaşması).

At Bayraktar Attorneys, we actively use Article 35/A settlements to help our clients avoid lengthy litigation, control legal costs, and reach enforceable agreements in a legally secure manner.

Legal Basis of Attorney-Led Settlement

Article 35/A of the Attorneyship Law was introduced in 2001 and grants attorneys a specific legal authority to invite the opposing party to settlement, either:

• Before a lawsuit is filed, or

• After a lawsuit is filed but before the first hearing begins.

This authority is limited to disputes over matters that the parties may freely dispose of by their own will. If the opposing party accepts the invitation and an agreement is reached, a settlement protocol is prepared and signed jointly by:

• The parties, and

• Their respective attorneys.

Under Article 35/A, this settlement protocol qualifies as an enforceable judgment (ilam niteliğinde belge) pursuant to Article 38 of the Enforcement and Bankruptcy Law. This means it can be directly enforced through execution proceedings, without the need to obtain an enforceability annotation from a court.

Nature and Concept of Article 35/A Settlement

Article 35/A is regulated under the section titled “Rights and Duties of Attorneys”, which clearly indicates that the legislator intended to grant attorneys a specific professional right and authority.

Unlike other alternative dispute resolution mechanisms, Article 35/A settlements:

• Can only be conducted with the participation of attorneys,

• Are based on professional legal negotiation, and

• Result in a document that has the legal force of a court judgment.

For these reasons, referring to this institution as “Attorney-Led Settlement” accurately reflects both its legal nature and its professional foundation.

Purpose and Scope of Article 35/A

The main purpose of Article 35/A is to:

• Resolve disputes quickly,

• Minimize costs and procedural burdens, and

• Provide legal certaintywithout the delays of full litigation.

It is applicable to all civil and commercial disputes where parties are legally free to settle, including contractual disputes, commercial claims, debt matters, and many private-law conflicts.

Fundamental Principle of Attorney-Led Settlement

The core principle of a 35/A settlement is that both parties’ attorneys must agree on the substance and procedure of the settlement.

This mechanism ensures that:

• Both sides are professionally represented,

• Legal equality between the parties is preserved, and

• The settlement outcome is fully understood and legally sound.

Difference Between Attorney-Led Settlement and Mediation

Although Article 35/A settlement and mediation are often compared, they are legally and practically distinct:

1. Mandatory Attorney Participation

• Article 35/A: Participation of attorneys is mandatory. Attorneys are essential elements of the process.

• Mediation: Parties may participate without attorneys if they wish.

2. Enforceability of the Settlement Document

• Article 35/A: The settlement protocol itself is directly enforceable as a judgment.

• Mediation: In principle, enforceability requires an enforceability annotation, unless the agreement is signed jointly by the parties, their attorneys, and the mediator under the amended mediation law.

3. Procedural Control

In Article 35/A settlements, the entire negotiation and drafting process is controlled by attorneys, reducing legal risks and ambiguities.

Advantages of Attorney-Led Settlement

Article 35/A settlements offer significant advantages:

1. Expert Case Management: The attorney, who knows the dispute and the client’s position best, manages the entire process.

2. Balanced Negotiation: Mandatory attorney participation eliminates power imbalances between the parties.

3. Confidentiality: Negotiations may be conducted confidentially, protecting business relationships and reputations.

4. Time and Cost Efficiency: Many disputes can be resolved within days or even hours.

5. Protection Against Litigation Costs: Court expenses and attorney fee risks are effectively eliminated.

6. Comprehensive Resolution: Multiple dispute issues can be resolved in a single settlement.

7. Full Party Autonomy: No agreement can be imposed against the will of the parties.

Who May Participate in Settlement Negotiations

• Parties must be represented by attorneys.

• Attorneys must be present at all meetings.

• Parties may attend all or part of the meetings.

• Parties must be present and sign the settlement protocol.

• With mutual consent, experts or technical advisors may attend meetings.

• If both attorneys agree, a facilitator attorney may also be involved.

Content of the Settlement Protocol

A valid Article 35/A settlement protocol must include:

• Reference to Article 35/A of the Attorneyship Law,

• Full identification details of the parties,

• Attorney details (bar registration and license numbers),

• Date and place of execution,

• Summary of the dispute and settlement terms,

• Clear and enforceable obligations of each party,

• Statement confirming the document’s enforceability under Article 38 of the Enforcement and Bankruptcy Law,

• Allocation of settlement and legal costs,

• Signatures of parties and their attorneys.

Evidentiary Effect and Confidentiality

If settlement is not achieved:

• Statements, admissions, or offers made during negotiations cannot be used as evidencein court.

• Attorneys are strictly bound by confidentiality obligations.

• Any breach may result in professional and disciplinary liability.

Timing of Attorney-Led Settlement

As a rule, Article 35/A settlements may be conducted:

• Before filing a lawsuit, or

• Until the first hearing begins.

After the first hearing, settlement discussions may still continue as in-court settlement (sulh) under the Code of Civil Procedure.

How Bayraktar Attorneys Assists Clients

At Bayraktar Attorneys, we use Article 35/A settlements as a strategic tool to protect our clients’ interests. We provide:

• Legal assessment of settlement suitability,

• Professional negotiation and strategy planning,

• Drafting of enforceable settlement protocols,

• Risk analysis for domestic and international clients,

• Representation of foreign individuals and companies seeking fast and enforceable dispute resolution in Türkiye.

For clients who value speed, confidentiality, and legal certainty, Attorney-Led Settlement under Article 35/A is one of the most effective dispute resolution mechanisms available under Turkish law.