NEWSLETTER-2017

347 MEDIATION Substantially, in voluntary mediations, the parties are entirely free to apply this method, to continue the process, or to abandon the process. Even in mandatory mediations, the mandatory portion is ap- plication to a mediator prior to the filing of a lawsuit. This liberty means that it is not mandatory to solve disputes that are subjected to mediation through this method. However, with this amendment, according to the mandatory pro- vision in the LMPLD, in the event that the parties reach an agreement at the end of the mediation, the matters that are agreed to shall be bind- ing upon the parties, and these matters cannot be subject to a lawsuit, afterwards. Therefore, whether or not an enforceability annotation is issued, matters that are agreed upon by the agreement document shall be binding upon the parties. This situation increases the importance and influence of the mediation process. As the agreement document is such a legally powerful document, the necessity to pay maximum attention during the preparation of the Agreement Document emerges. In this respect, it is possible to state that the provisions in the Agreement Document should contain ex- plicit and undisputed expressions, that it should be made in a form of a settlement agreement, and that it should be transformed into a judicial order so as to avoid ambiguities during enforcement. The provision regarding “Non-use of the statement or docu- ments” in Article 5 of the LMPLD comes to mind when the evidential value of the Agreement Document is at issue. As is clear, pursuant to this provision, the parties, including the mediator or the third par- ties who participate in the mediation, may not submit the indicated statements and documents in the article as evidence, and they cannot testify regarding these statements and documents, if a civil lawsuit is filed in relation to the dispute, or if arbitration is sought. Nevertheless, the said information may be disclosed in the event it is mandated by a provision of law, and to the extent that it is required for the imple- mentation and enforcement of the agreement that is reached at the end of the mediation. Therefore, considering the fact that the Agreement Document is binding pursuant to the mandatory provision of law, and that filing a law suit on the issues to be agreed upon is not possible, a