İŞ DÜNYASINA YENİ SOLUK; ARABULUCULUK

A NEW PHASE IN BUSINESS WORLD: MEDIATION

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Mediation which has become a case condition in employer-employee disputes will start a new phase in the business world…  

Kızıltepe Commodity Exchange’s President Mehmet Şahin discussed the effects of mediation on business world which has become a case condition in business conflicts with the Labor Court Law numbered 7036.  President Şahin, who stressed a new phase had come with mediation as case condition, thanked everyone responsible for the new regulation and was ready to continue to perform what fell upon them for the system’s success.

 - The cases negotiated will not be brought to the court again.

Over the new regulations with the Labor Court Law, President Şahin said “Employer and employee who came to terms at the end of mediation meetings can not come to court again with the points negotiated. The regulation is also an important time-saver for the business world. Neither the employer nor the employee will spend their energy, potential and time for the issue but for other things”.

- The privacy during the mediation will prevent prejudication precedent.

“Precedent judgments have become a big obstacle for the business world with usual judgment methods. Since the mediation agreement between the employer and the employee will be kept private and the privacy will be obligatory for both sides, it will be out of an obstacle and will not be prejudication precedent. This new regulation should be learnt in detail by the business world. “

President Şahin added the labor cases that prolong for years due to long judicial process will come to a conclusion shortly via mediation and mentioned the practicality of “time is money” saying in business world. 

- What will happen if both sides can not negotiate?

President Şahin mentioned of the biggest effects of mediation were not all, apart from the general advantages, saying “During mediation process, on the condition that employer and employee can not come up with a solution, the mediator can bring upon a solution offer.”

- How will the system work with the new regulation?

President Mehmet Şahin summarized the system under the light of the new regulations:

As the mediation has become a case condition in conflicts over compensation, unpaid salary and return to work, the sides will first try mediation in the first session; later, they will be able to apply to court if they can not come to an agreement. The system will function via the mediation offices in courthouses and the mediator will conclude the mediation application in three weeks.  If the sides can not come to an agreement, the price of the first two hours will be paid by the Ministry of Law’s budget. On the condition that the mediation is abolished because one of the sides does not attend the meeting, that side will be responsible for all the judiciary expenses even though they are fully or partially justified. 


Date : 29.12.2017 / Location : Kızıltepe Ticaret Borsası
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