In short
If the parties have agreed on a claim in mediation, this document is put into enforcement like a judgment, with the signature order in the statute or with the court's enforceability endorsement. A final minute that closed because they did not agree is not a document of the claim. If the endorsement is to be skipped, the signatures of the parties and of their representatives must stand on the minute. An employment agreement is not a copy of a general commercial minute.
An empty minute does not fill itself so that the claim will pass of its own accord. If the amount, the party or the maturity is blank, the office does not complete the blank itself. Whether an endorsement is required is not said before the signature page is read.
Which minute asks for money
The paper put into enforcement writes who will pay whom, which amount, and at which maturity. A minute that "we met, we did not agree" does not carry that sentence. If there is an agreement but the amount, the party or the maturity is blank, the office does not fill the blank itself. The blank does not become a ground for inventing a new amount of proceedings. The document should show the item to be paid as a number and as a party. If there is no document, the item is not invented. The item, the party and the maturity must stand on the same line. If one of the lines is blank, the office does not complete the blank. Completing it would be inventing a new claim. The petition is not presented as if it had filled the blank.
When the document gains the character of a judgment, the route is with a judgment. The paper that goes to the debtor is an enforcement order, not a payment order without a judgment. The opening of the order sits under proceedings with a judgment. The first check of the person who receives the order sits under an enforcement order has arrived. The petition should show which page of the minute writes the claim. If there is no page, the character of a judgment is not assumed.
The endorsement and the joint signature
Under the statute on mediation in civil disputes, an agreement document signed together by the parties and their representatives and by the mediator can have the character of a judgment without an enforceability endorsement being sought. If one of the parties signed without a representative, this exception does not arise of itself. Then an endorsement is requested from the competent civil court of peace. The endorsement is not an action that retries the content of the agreement. The court looks at whether the document is suitable for enforcement.
If the endorsement is refused, the minute is not presented to the enforcement office as a judgment before the ground of refusal is corrected. A document on which an endorsement was obtained, and a document without an endorsement but with the joint signature, can produce the same result in the cover account. Which type is in hand is read from the signature page. It is not enough to say there was a representative before that is read. Whether the representative signed at that session is on the line. The decision does not announce the endorsement unnecessary before the signature line is seen. Some agreements particular to family law are subject to a separate procedure for enforceability. Leaving a divorce protocol at the office like a commercial minute skips the endorsement door. The contract does not write a family protocol like a commercial claim.
Employment and a negative declaration
In an employment claim, mediation is in a separate statute as a condition of the action. Enforcement of the agreed employment item sits under enforcement of an employment claim. A severance calculation is not built in this text. An agreement with the character of a judgment does not carry a final judgment like a court judgment. The debtor can debate separately, by a negative declaration, the claim that there is no debt, if the conditions exist. That action sits under a negative declaration. The minute does not of itself close the negative declaration.
The limitation of the document does not stick to the ten years of a judgment. The time is read from the type of document. The time of a judgment sits under limitation of a judgment. If the period is not written in the file, it is not added to this text. The application should show, from the line of the minute, which item was agreed. If there is no line, the item is not widened. An invoice may show a commercial claim. An invoice does not take the place of the mediation agreement.
Where the minute is read from
The signature page and the endorsement record stand side by side, and this article does not add a period that is not written in the file. An Ankara lawyer reads from the signature page that the office being in Çankaya does not change the competent civil court of peace on the minute. This article does not treat a minute of no agreement as a document of the claim. This article does not treat an employment record as a copy of a general commercial minute.
Conclusion
A mediation minute is enforced like a judgment only if the agreement shows a claim and there is an endorsement or the joint signature in the statute. A minute on which no agreement was reached does not open proceedings. An employment record is a separate regime. If the period is not in the file, it is not added. The framework sits on the enforcement and bankruptcy law page. The official basis is Law No. 6325 on Mediation in Civil Disputes and the provisions on enforcement of judgments in Enforcement and Bankruptcy Code No. 2004.