NEWSLETTER-2017

Agreement Which Is Signed at the End of Mediation and Its Legal Qualification* Att. Alper Uzun Introduction Mediation, an alternative dispute resolution method that was in- cluded in Turkish Law in 2012, has shown successful results since that time, and has become prevalent in its use. As of 01.01.2018, applica- tion to mediation has become mandatory before litigation in certain disputes arising from the labor law. Mediation is a process in which it is aimed for the parties to end a dispute by common consent without any decision maker, and in which a third party, who is registered with the mediation registry, undertakes the conduct of communication between the parties. Mediation may be implemented in the resolution of private law disputes that derive from the work and transactions of which the parties can dispose freely, including the disputes that contain an element of foreignness. As there is no decision maker in the mediation process, no “deci- sion” is given at the end of the process, as well. The parties finalize their dispute by way of reaching an agreement, or not. In the event that the parties come to an agreement at the end of the mediation, the scope of the agreement reached is determined by the parties, and an agree- ment (which is called by the law “Agreement Document”) is prepared. This document is signed by the parties and by the mediator. [The Law on Mediation in Private Law Disputes (“LMPLD”) Art.18]. At this point, the legal qualification of the agreement document that is drafted at the end of mediation and what this document signifies is examined. * Article of December 2017