DO ALTERNATIVE DISPUTE RESOLUTION METHODS AND EMPLOYMENT DISPUTES FIT LIKE A HAND AND GLOVE? ALTERNATIVE DISPUTE RESOLUTION IN INDIVIDUAL EMPLOYMENT DISPUTES

Authors : Mustafa Nalbant

Pages : 649-678

Doi:10.15337/suhfd.1418193

View : 142 | Download : 93

Publication Date : 2024-06-28

Article Type : Research Paper

Abstract :There is a growing focus on resolving disputes through Alternative Dispute Resolution (ADR) methods in the world. This article explores ADR’s role in settling employment-related disputes. It highlights the distinctive characteristics (sui generis) of employment disputes with particular focus on the power imbalance between parties and examine how ADR aligns with the that of employment disputes. It considers advantages and disadvantages of employing ADR within the realm of employment law by looking from the perspectives of both employers and employees. Article reveals that the advantages and disadvantages of ADR are interconnected. Furthermore, a single advantage might also come with a disadvantage. These drawbacks mainly rely on the potential power imbalance. However, most disputes inherently involve some degree of power imbalance, and because mere power imbalance, completely disregarding ADR methods would not be reasonable unless parties are unable to seek their rights in courts or tribunals after attempting ADR.
Keywords : AUÇY, Arabuluculuk, Tahkim, Iş uyuşmazlıkları, Güç Dengesizliği

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