The Ever-Expanding Nature Of Mandatory Mediation In Türkiye”,

Authors : Mustafa Göksu

Pages : 45-72

Doi:10.34246/ahbvuhfd.1591371

View : 48 | Download : 34

Publication Date : 2025-01-31

Article Type : Research Paper

Abstract :As it is the case with almost every modern legal system, mediation performs an important role in civil dispute resolution in Türkiye. Even though mediation in the modern sense was introduced in Turkish law a little more than a decade ago, its development and adoption was swift. Probably the main factor behind this quick adoption in legal circles is the push by the Government and the Legislator; particularly through implementing a form of mandatory mediation in 2017. While there are two main approaches to the implementation of proper mandatory mediation, Turkish Legislator preferred the procedural requirement option. After the first implementation regarding labor disputes, there were three more major expansions to the extent of mediation as procedural requirement; including commercial disputes, consumer disputes and various disputes within the jurisdiction of civil courts of peace. Since the expansion trend is still ongoing, in this study, the effectiveness of mandatory mediation, as well as probable future developments regarding the subject are examined and discussed.
Keywords : Arabuluculuk, zorunlu arabuluculuk, alternatif uyuşmazlık çözüm yolları, iş uyuşmazlıkları, dava şartı