MEDIATION ACCORDING TO NEW LABOR COURT LAW AND EFFECTS OF MEDIATION ON LABOR COURT PROCEEDINGS

Mediation described in doctrine as dispute resolution of parties’ with help of third party (mediator) who hasn’t got authority to bring a resolution suggestion or discretion, according to procedure and basis which they agreed, mutual communication and looking after common benefits. Mediation is based on voluntariness, neutrality, confidentiality and equality. With 7036 numbered Labor Court Law, Legislator aimed to lighten caseload of courts and solve disputes easier, faster, cheaper and more effective way by stipulating application to mediation as a case condition. Stipulating application to mediation as a case condition in labor court proceedings criticized in doctrine. Criticisms mostly based on this regulation’s contrary being to mediation’s voluntariness and equality principle and possibility of going against constitutional freedom of seek justice. Furthermore 7036 numbered Labor Court Law has brought regulations which changed nature of mediation to 6325 numbered Mediation in Legal Disputes Law. According to this, mediators can bring resolution suggestion if parties can’t find resolution from now on. In this case, it must be examined whether changed mediation system and stipulating application to mediation as a case condition are suitable or not for labor court proceedings. Also it must be determined, how will they effect labor court proceedings. In this study, we have made some suggestions while we were taking criticisms into account, after generally reviewed new regulations