NEWSLETTER-2017

349 MEDIATION Mandatory Mediation in Labor Disputes* Att. Alper Uzun The Reason behind the Legislation Since 1950, when the 5521 numbered Code of the Labor Courts had entered into force, the population in Turkey has increased rapidly, business life has changed and developed and, accordingly, the number of labor law disputes and types have increased. During this period of time, significant amendments have been made in the core legislation and regulations on the judicial principles of the civil courts. However, the legislation regulating the jurisdiction before the Labor Courts has not been within the scope of these amendments. In Turkey, the judicial authorities failed to cope with labor law disputes within the desired period of time within which very high numbers in line with the high population and high numbers of em- ployees were recorded. The disputes arising from the labor law take an important place in the agenda of the jurisdiction. Approximately 15% of legal disputes before the first instance courts, and approximately 30% of the legal disputes before the Supreme Court are labor law originated. In recent years, alternative dispute resolution methods have arisen and are preferred by involved parties. Mediation, as a leading dispute resolution form, has been a successful method since the practice of the same in Turkey, and it serves the parties in reaching an amicable settlement without the need of resorting to the judicial authorities. Statistics show that 89% of the civil disputes brought to the media- tors are labor law originated and approximately 93% of these disputes are concluded with settlements. In general, 95% of the labor disputes * Article of August 2017