Abstract:

For reasons such as the complexity of disputes than before and the desire of people to protect and maintain their relationships, the parties to the dispute have sought alternative solutions outside the judicial processes to get the solution they need. Alternative dispute resolution methods have evolved. Mediation was the most common and preferred dispute resolution method. According to Law No. 7036, the employee or employer based on individual or collective employment contract will receive and the compensation and the request for return to work will be opened to the mediator as a condition of proceedings. In addition, the Law No. 7155 on the Beginning of Tracking of Money Related to the Accounts of Abonnements No. 20 of the Law on the Beginning of Tracking. According to article 5/a added to the Turkish Trade Act No. 6102 on 1 January 2019 from the commercial cases specified in article 4 of the law and in other laws, the subject amount of money will be paid and compensation requests have been applied to mediation before the case is opened. As a condition of the case, specialized lawyers who have special training in mediation, as mediators, bring together the parties to the dispute, ensure that the parties develop their own methods of resolution, and facilitate them to communicate. The request to the mediator is considered as a condition of proceedings, but the mediator does not have an obligation to agree. When we look at the statistics in the practice of compulsory mediation, which has been approximately two years, it appears that the system provides a great deal of agreement between the parties and significantly reduces the court burden. In this study, disputes resulting in unconsensus in the implementation of compulsory mediation so far have been included in the solutions proposals that will increase the success of the system by focusing on the factors that affect the attitudes of the parties in commercial cases.

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