NEWSLETTER-2017

351 MEDIATION judgment in the court proceedings, and the judgment to be rendered by the Court of Appeal shall be final and binding. In addition, the Draft Law amends the form of the judgment for re-employment lawsuits in which the compensation covering the pe- riod the employee has not worked during the lawsuit is rendered on a monthly basis on the grounds that it has created the need to bring an additional lawsuit to calculate the amount corresponding to the subject period. In this respect, the Draft Law provides that the compensation covering the subject period shall be rendered monetarily. Mediators who would like to mediate in this mandatory process should register with the Registrar of Justice Commission, indicating their expertise. The mediators are required to conclude the application within three weeks, and may extend this period for one week. In the Draft Law, it is explicitly stated that the disputes to be heard before the labor courts would be subject to simplified trial procedure, and the procedure regarding the right to appeal is regulated in line with Law on Civil Procedure No. 6100. Additionally, along with the provisions stipulated in the Labor Law, the time bar shall be five years for claims regarding severance and notice payments, annual leave pay- ments, compensation of bad faith, and the termination of contract that breaches the principle of equality. The Draft Law envisages various amendments on Law on Media- tion in Civil Disputes No. 6325, as well. In the Draft Law, particularly, an amendment that would render the mediator more active in settle- ments has been envisaged. In this respect, it is stipulated that in a dis- pute to be brought before the mediator, the mediator would be able to “propose a solution in cases where the parties fail to reach an amicable solution.” If the parties come to an agreement, the annotation on the enforceability of the agreement can be obtained from the civil court of peace where the mediator has been registered. Additionally, the Draft Law sets forth that the agreement that has been signed by parties, their lawyers and the mediator has the power of verdict without seeking an annotation, and that the agreed issues cannot be challenged before the courts.