NEWSLETTER-2017

346 NEWSLETTER 2017 The Content of the Agreement Document and Its Legal Qualification In the event that the mediation is concluded with the agreement of the parties, the solutions method that the parties have agreed to will be laid out in a document. This document must be signed by the mediator in order to be qualified as an agreement document within the meaning of Art.18 of the LMPLD, and in order to obtain an enforceability annotation. The principles and procedures that are agreed to between the parties re- garding the resolution of the dispute shall constitute the content of this document. The content may be in a form of a settlement agreement. Indeed, it can also include a form of another agreement. However, it is clear that the parties may not include the issues that cannot be resolved by way of mediation, the provisions that are contrary to the mandatory rules, and the provisions that are contrary to morality. The mediator should also avoid signing such document that contains these types of provisions. The performances in the agreement document should be explicit as it leaves no room for doubt, in order to be able to obtain the enforceability annotation, and to be used for execution proceedings, if needed, later on. Parties used to be able to request an enforceability annotation from the courts in order for the Agreement Document that is formed at the end of the mediation to be qualified as a verdict and to be en- forced. According to the amendment made in the LMPLD with Law numbered 7036 on 12.10.2017, the agreement document that is signed by the parties, their associates, and the mediator has also become a document that qualifies as a verdict without the requirement of an enforceability annotation. Moreover, as a result of another vital regulation made in the LM- PLD, in the event an agreement is reached at the end of the mediation, it is mandated in law that the parties cannot file a law suit concerning the subjects that have been agreed to. With these amendments, the parties concluding the mediation process through consensus are provided with convenience, and a regu- lation that leaves no room for doubt is made.