Execution of agreement documents issued at the end of mediation activity

Mediation can reach a conclusion in the event of one of the following five occasions; the parties come to an agreement, it is determined by the mediator after consulting the parties that it is no longer necessary to make further efforts for mediation, one of the parties notifies the other party or the mediator that he/she has withdrawn from the mediation activity, the parties terminate the mediation activity by agreement, or it is determined that the dispute is not suitable for mediation. When the mediation activity is concluded, a final report is drawn up by the mediator. Should the mediation activity be concluded with an agreement, it is written in the final report that the parties have agreed, and the process has ended in this way. It is also possible for the parties to issue an agreement document concerning the issues of the agreement. Once an annotation of enforceability is placed on the agreement document, the document is then qualified as a verdict and can be subject to execution with the verdict. Turkish law foresees other verdict-like documents that are similar to the aforementioned agreement document. However there are many differences between other writ-like documents and the document of agreement. In order for the agreement document to qualify as a verdict, the issues of the agreement specified by the parties in the document must be suitable for mediation and execution. Nowadays, expanding the application area of mediation and paving the way for its mainstream practice are encouraged. However, the problems experienced in the execution phase of the agreement document drawn up at the end of the agreement may cause prejudice to the mediation. To overcome the problems faced during the execution of the international agreements reached by state parties as a result of commercial mediation, the Singapore Convention was drawn up. The most appealing aspect of mediation for the parties is that the agreement document is a verdict-like document and it is issued as a result of the very short mediation activity. Hence, it provides the parties with the same privilege as the verdict obtained after years of judgement. This places particular importance on the questions of how the agreement document must be issued so that it is qualified as a verdict and what are the features of the execution phase of the agreement document.