The way to enforcement under a mediation agreement

Abstract

The main research objective of this article is to analyze whether it is true that in the event of failure to comply with the provisions of a settlement under which the parties undertook to provide a specific benefit, an effective solution is apply for an enforcement clause for a mediation settlement, obtain an enforcement order, and referring the case to enforcement proceedings. The article describes the issues related to the mediation settlement and the necessary formal and substantive conditions for the settlement for the subsequent enforcement procedure. The article uses mainly the dogmatic and a legal method. The article presents both theoretical scientific issues and practical related issues with a mediation settlement, the provisions of such settlement, and the manner of pursuing a claim based on a mediation agreement. Therefore, the conditions for approving the mediation settlement or giving it an enforcement clause by the court, the conditions for recognizing the settlement as an enforceable title, and then an enforcement order were analyzed. Refusal to approve the settlement or issuing an enforcement clause and the possibility of a subsequent appeal against the provisions in this regard. The conclusion of the article is primarily that in the event of failure to comply with the settlement, only the appropriate form of the provisions contained, therein and the fulfillment of certain conditions allows it to be issued an enforcement clause, and then to conduct enforcement proceedings.

Keywords

• enforcement clause
• mediation
• enforcement title
• settlement
• settlement approval
• complaint