The agreement document signed as a result of mediation is considered judgment under certain conditions and may be subject to direct enforcement proceedings.
Gaining the Quality of a Judgment (6325/Art.18)
There are two ways for the agreement document to gain the quality of a verdict:
- Annotation of Enforceability: Issued by the civil court of peace. annotation
- Signed by lawyers: If it is signed by the lawyers of the parties, it becomes a direct judgment (6325/art. 18/4)
Execution Proceedings
The agreement document, which has the quality of a judgment, is implemented by execution proceedings with a judgment within the scope of EBL art.32.
Objections
The debtor, the agreement, claims the invalidity of the document:
- Suit in the civil court of peace (cancellation of the agreement)
- Objection in the enforcement court (limited reasons)
Content of the Agreement Document
- Identity of the Parties
- Subject of the dispute
- Terms of the agreement (payment, performance, etc.)
- Date and signatures
- Identity information of the lawyers (for the quality of the writ)
Supreme Court 12. HD
12. HD states that the agreement document must be "clear and enforceable", and that vague or conditional statements will make enforceability difficult.
Contact for mediation service and lawyer support.