%0 Journal Article
%T PROHIBITION OF LITIGATION ON AGREED MATTERS IN MEDIATION AND CONSEQUENCES OF PROHIBITION
%A Mine AKKAN
%J -
%D 2018
%X According to new article 18 sub-article 5 of Mediation Code of Civil Disputes (MCoCD) ¡°Both of the parties can not file a case about matters agreedif they reached an agreement during the mediation.¡±This new annexation to the Code introduced by Statute N: 7036. This is reasoned by the Statute as ¡°prohibition of litigation¡±. This Statute has not any explanations about the characteristic of the so called ¡°prohibition of litigation¡± or what should courts do if a party file a case about agreed matters or if there is any exception of this prohibition. According to article 18 of MCoCD a written agreement is considered as a writso parties can enforce this agreement instead of file a case. Thus, this so called ¡°prohibition of litigation¡± is a negative cause of action which shows that parties have not a legal interest (Code of CivilProcedure art. 114/1-h) to case a file. Generally there are exceptions of ¡°prohibition of litigation¡±. Mediation agreement is considered as a contract so must be accepted that this contract can be annuled by an action grounds on forgery, defective intentionand invalidity of contract
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%K Dava A£¿ma Yasa£¿£¿
%K Anla£¿ma Belgesi
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%K £¿lam Niteli£¿inde Belge
%U http://dergipark.org.tr/deuhfd/issue/41041/495933