Graduated Dispute Resolution Framework
In the event of a disagreement regarding project scope, delivery, or payment, parties are encouraged to follow these progressive stages:
Stage 1: Direct Bilateral Negotiation
Parties first seek to resolve disputes in good faith through direct communication, referencing their mutually agreed contract terms, acceptance criteria, and correspondence.
Stage 2: Statutory & Voluntary Mediation (Law No. 6325)
If direct discussions do not resolve the dispute:
- In commercial disputes under Turkish Commercial Code Art. 5/A, applying for mediation prior to filing a lawsuit is a statutory prerequisite.
- Parties may submit the dispute to a registered independent mediator through the Ministry of Justice Mediation Registry.
- A settlement agreement executed before a mediator acquires enforceable status under Law No. 6325 Art. 18 upon obtaining an enforceability certificate from the competent court (or when signed jointly by parties and their legal counsel).
Stage 3: Judicial Recourse & Competent Courts
If mediation fails to yield an agreement, parties may proceed before the courts designated in their bilateral agreement or competent courts under statutory civil procedure rules.
Platform Role in Counterparty Disputes
- 1Neutrality: Operis is not a party, guarantor, or performance agent of the bilateral service agreements between users.
- 2Compliance with Judicial Subpoenas: In response to lawful, binding subpoenas from judicial authorities, prosecutors, or courts, Operis provides relevant traffic logs and system records in compliance with Law No. 5651 and data protection legislation.