Which Business Cases Have Mandatory Mediation?
In Article 15 of Law No. 6325, business cases in which it is mandatory to apply to a mediator before filing a lawsuit are listed as follows:
• Claims and compensation cases arising from the employment contract: Claims and compensation cases such as workers’ receivables, debts to the employer, severance pay, notice pay, overtime wages, overtime wages should be taken to the mediator.
• Termination notice compensation cases filed if the employee has requested reinstatement: If the employment contract has been terminated by the employer and the employee has requested reinstatement, it is mandatory to apply to a mediator in termination notice compensation cases filed by the employer.
• Work accident and occupational disease compensation cases: If material or moral damage is caused to the worker as a result of a work accident or occupational disease, compensation cases filed should be brought to mediation.
• Collective labor agreement disputes: If an agreement cannot be reached during collective labor agreement negotiations, it is mandatory to apply to a mediator in the disputes that arise.
• Strike and lockout disputes: It is mandatory to apply to a mediator in disputes that arise before or during the strike and lockout.
Who are the Authorized Mediators in Mandatory Mediation?
Authorized mediators in compulsory mediation cases are lawyers registered with the Union of Turkish Bar Associations and holding a mediation certificate. Additionally, retired judges and prosecutors registered on the mediation list of the Ministry of Justice can also serve as mediators in these cases.
How Does the Mandatory Mediation Process Work?
The mandatory mediation process consists of the following steps:
1. Application: Before filing a lawsuit, an application must be made to the mediator. The application can be made in writing or electronically by one of the parties.
2. Mediation Meetings: The mediator brings the parties together, listens to the dispute and conducts negotiations for a solution.
3. Achieving a Conciliation: If the parties reach a compromise during the mediation negotiations, the mediator prepares the conciliation text and ensures that it is signed by the parties.
