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LAW OF CIVIL PROCEDURE
291
The litigation process shall be adjourned for up to three months if the
parties declare their intention to resort to mediation after the court case
is filed. The parties may extend this period once for three more months
upon joint application.
The Law regulates that the period from the initiation until the
termination of mediation shall not be taken into consideration while
calculating the lapse of time and foreclosure.
Completion of the Mediation
Themediation shall come to an end if (i) the parties reach an agreement
(ii) the mediator determines that it is not worth the effort to continue the
mediation after consulting the parties, (iii) one of the parties declares
either to the other party or to the mediator that it will withdraw from the
mediation, (iv) the parties decide jointly to terminate the mediation and
(v) it is determined that the dispute is not convenient for mediation or
is related to a crime which does not fall within the scope of mediation
pursuant to the Law on Criminal Procedure No. 5271.
At the end of the mediation, a report shall be prepared stating whether
the parties agreed, or not or how the mediation process came to an end.
The parties shall decide on which issues will be included in the report,
except with regards to why the mediation was terminated.
If the mediation ends with an agreement, the scope of the agreement
will be determined by the parties. If an agreement is prepared, the parties
and the mediator shall sign this document.
Enforceability of the Agreement
If the parties come to an agreement, they may request an annotation
on the enforceability of the agreement.
Where the parties resort to mediation before filing a lawsuit, they can
request the annotation on enforceability of the agreement from the court
as determined by jurisdictional rules. If the parties apply to mediation
during a lawsuit, the annotation on enforceability of the letter of agreement
can be received from the court that hears the case. The agreement with the
annotation has the power of a verdict.