Abstract:

The prerequisite of application to the mediator, which has been introduced for the judicial remedy element in terms of legal transactions within the scope of the Labour Law, is discussed within the scope of this study. Mediation as an alternative dispute resolution method aims to help the judicial proceedings in the fields of labour law, commercial law, rent law and consumer law in Turkey. In addition to helping to resolve legal disputes between the employee and the employer without prolonged periods of time, it brings the parties together in a peaceful environment and allows the parties to find a fair solution in their own relations. In the face of these positive effects of the mediator institution, which alleviates the workload of the labour courts, the concrete situations experienced and encountered by the parties during these negotiations damage the interest that the legislator wants to protect. While the concept of voluntary mediation is the main one, the fact that it is regulated as a condition of litigation has affected some balances within the Labour Law. In the simplest sense, this effect is that the parties are obliged to go to the mediator before going to court, but they are not obliged to agree here. If the parties do not reach an agreement here, they are free to go to court. The uncertainties in terms of the time elapsed with the application to the mediator may have consequences to the detriment of the parties. In our study, we will discuss the requirement to apply to the mediator in terms of the lawsuit to be filed in case of invalidity of the termination within this scope.

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