Mediation as a Condition to File a Case under the Regulation on the Law on Mediation in Civil Disputes 25 June 2018

Mediation is an alternative dispute resolution which parties select an impartial and expert mediator freely and making negotiations to settle the disputes with mediator out of court. Mediation aims to settle the disputes with lower cost and less loss of time. There are two types of mediation which called mandatory and optional. Mediation become mandatory and cause of action with Turkish Labor Courts Code numbered 7036 for certain cases. Due to mediation is a cause of action; the mediator shall be appealed before the lawsuit is filed. Otherwise; the court will reject the case due to the lack of cause of action.

Articles implementing to mandatory mediation are regulated in Regulation on the Law on Mediation in Civil Disputes (“the Regulation”). Thereunder Article 22 of the Regulation; if mediation is mandatory, parties must complete the mediation process and this process must be resulted unsuccessfully in order to be able to file a lawsuit.

Procedure of mediation is regulated under Article 25 of the Regulation and according to said Article; parties may attend the session personally or with legal representatives or their attorneys and administrations may attend with a commission which they constituted. Mediator investigates the case by starting with the applicant party and after that he determines the date of first session.

Mediation process has to be completed within three weeks by mediator. However; if it is compulsory, mediator may extend the period with additional one week at most. If the parties agree with all conditions or only some of them, the mediator concludes the negotiations and prepares an official agreement report. If the parties agree about only some points, mediator clearly states these points in the official agreement report.

In case of parties do not agree about conditions, mediator make an official dissent report and parties may bring the case to competent court by attaching the official report prepared by the mediator into the plaint.

If the mediation process ended due to the one of the parties is failed to attend the first session of mediation; the party will be responsible for the legal expenses even if the same is justified partly or completely at the end of jurisdiction.

Thereunder Turkish Labor Code numbered 7036, mediation process is mandatory for disputes arising from any claim regarding employee or employer receivables, and compensation in relation to the individual or collective employment contract and re-employment requests. The main ideas of making mediation obligatory are decrease the work load of courts and make the jurisdiction period shorter. Although the Code has entered into force on the date of 01.01.2018; 63,000 disputes have been settled by mediation in this short term.

Türkçe Versiyonu İçin

http://www.kasaroglu.av.tr/tr/hukuk-uyusmazliklarinda-zorunlu-arabuluculuk

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