Business Law Deneme Sınavı Sorusu #944325

Which of the following statements is true regarding the mediation procedure?


The parties are entitled to agree upon the procedure to be adhered to, provided that such agreement does not contravene the mandatory provisions of law.

The mediator may later act as the lawyer of one of the parties in a subsequent lawsuit related with the dispute.

The parties may attend the mediation negotiations only accompanied by their lawyers.

The documents shared and information disclosed by the parties during the mediation proceeding can later be used before courts or arbitral tribunals.

If the parties conclude a settlement agreement between themselves and the agreement bears only the signatures of the parties, there is no need for the approval of the court to enforce it.


Yanıt Açıklaması:

With regards to the procedure, the parties are entitled to agree upon the procedure to be adhered to, provided that such agreement does not contravene the mandatory provisions of law. In the absence of an agreement between the parties, the mediator is to determine the procedure for the mediation having regard to the nature of the dispute, the wishes of the parties and the need for the expedient resolution of the dispute.

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