PROHIBITION OF LITIGATION ON AGREED MATTERS IN MEDIATION AND CONSEQUENCES OF PROHIBITION

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