Mediation in terms of enforcement law

Mediation is an alternative resolution method that provides non-litigation resolution of disputes. The mediation agreement document issued at the end of the mediation negotiations may serve as the basis for enforcement proceedings with or without a judgment. Therefore, the content of the agreement document must be prepared accordingly. In addition, the relationship between the regulation prohibiting filing a lawsuit on matters agreed at the end of mediation negotiations and the freedom to seek justice should be addressed. The annulment or invalidity of the agreement document, which is a substantive law transaction, may be decided. The effect of this situation on the enforcement proceedings based on the agreement document must be revealed. In addition, the case requirement, which obliges mediation before filing a lawsuit, should be examined in the context of its relevance in terms of the relationship between mediation and cases specific to non-judgment enforcement proceedings, and cases for which there is a clear regulation. Cases for which there is no clear regulation should be evaluated whether they are within the scope of mediation and their suitâbility for mediation. In this study, all these problems were evaulated within the framework of the legislation, the opinions put forward in the doctrine and the court precedents.