Journals / Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi / 2018 / Cilt: 20 - Sayı: 2
PROHIBITION OF LITIGATION ON AGREED MATTERS IN MEDIATION AND CONSEQUENCES OF PROHIBITION
- Pages
- 1–31
- DOI
- —
Abstract
According to new article 18 sub-article 5 of Mediation Code of CivilDisputes (MCoCD) “Both of the parties can not file a case about mattersagreedif they reached an agreement during the mediation.”This new annexationto the Code introduced by Statute N: 7036. This is reasoned by the Statute as“prohibition of litigation”.This Statute has not any explanations about the characteristic of the socalled “prohibition of litigation” or what should courts do if a party file a caseabout agreed matters or if there is any exception of this prohibition. Accordingto article 18 of MCoCD a written agreement is considered as a writso partiescan enforce this agreement instead of file a case. Thus, this so called“prohibition of litigation” is a negative cause of action which shows that partieshave not a legal interest (Code of CivilProcedure art. 114/1-h) to case a file.Generally there are exceptions of “prohibition of litigation”. Mediationagreement is considered as a contract so must be accepted that this contract canbe annuled by an action grounds on forgery, defective intentionand invalidity ofcontract.
Özet
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