Mandatory mediation in labour disputes

Abstract

It is now a well established fact that the number of disputes brought before courts and therefore the caseload of the courts are extremely high in Turkey. Labour disputes comprise a large portion of said disputes. Labour disputes, which should be dealt quickly due to their nature, might be dragged on for years in courts owing to the courts’ extraordinary docket sizes. With the aim to reduce the burden on courts and promote amicable dispute resolution, the Ministry of Justice introduced the concept of mandatory mediation in certain labour disputes as part of the Labour Courts Law Draft. Early success statistics regarding modern mediation, which is in use in Turkey since 2013, was a factor in strengthening this notion. However, the idea of a mandatory use of mediation is an international subject of debate, since it must be established that whether this complies with its nature. This debate, as well as the current state of mediation in Turkey and whether this state may warrant mandatory mediation is discussed in this paper.