The questions below offer a general framework on the enforcement of mediation minutes, the confidentiality of negotiations and mediation as a condition precedent to litigation. In a specific case, time limits, documents and the regulations in force are assessed separately.
Showing 1–4 of 4 questions
Can mediation minutes be enforced?
A settlement document that meets the statutory conditions may acquire enforceability.
The manner in which the document was signed by the parties and their representatives, the type of dispute and, if necessary, the enforceability annotation (icra edilebilirlik şerhi) must be examined separately. There are also separate limitations on matters that affect the rights of third parties or that are not by law amenable to mediation.
Can I submit offers made in a mediation meeting as evidence in court?
There are special provisions on confidentiality and the prohibition of evidence; as a general rule, the offers cannot be used freely.
Statements and offers within the scope of Article 5 of Law No. 6325 are distinguished from existing documents that exist independently of the mediation. A document that is already in hand does not automatically become unusable merely because it was presented in the meeting.
What happens if an application for mediation as a condition precedent to litigation is made selecting the wrong subject?
The scope of the dispute and the final minutes should be compared carefully.
Whether the receivables and types of claims in the statement of claim were included in the application, and whether the parties were correctly identified, matter. For claims that fall outside the subject, a risk of a missing procedural prerequisite may arise.
Can the mediator force the parties to reach an agreement?
No; mediation is based on voluntary will.
The parties may assess options, obtain legal assistance and decide not to settle. If claims of pressure, a defect of will or unauthorized representation arise, the legal fate of the settlement document is examined separately.