YENİ A NEW BREATHING TO BUSINESS: MEDIATION UL

Mediation, which has become a legal requirement in labor-employer disputes, will start a new era in the business world…

Bulsan Chamber of Commerce President Halil Batürkmen evaluated the effects of mediation, which became a condition of litigation in business disputes, on the business world with the Law no. 7036, which will come into force on 1 January 2018. Halil Batürkmen emphasized that a new breath has come to the business world through mediation of the Charter Charter. He thanked everyone who contributed to the new arrangement and emphasized that they will continue to do whatever they have for the success of the system.

-Arabuculuk agreed issues can not be made again the case.

In its statement regarding the new regulations made within the scope of the Labor Courts Law; He stated that it is not possible for the workers and employers who reached the agreement at the end of the mediation negotiations to reconsider the matters agreed, and that the regulation will save a significant time for the business world. “While the worker and the employer meet their needs, they will stop dealing with this problem and use their energy, potential and time for other jobs.”

- Confidentiality in the mediation process will prevent the formation of precedent decisions.

“Precedent decisions, which have become a major problem for the business world with classical judicial procedures; As the mediation agreement between the employer and the employee will be confidential and all parties and mediators have to comply with this confidentiality, it will not be a problem and will not set a precedent. erek Halil Baştürkmen emphasized that these changes should be learned in detail by the business world.

Halil Baştürkmen, who stated that he thought that the business cases that were dealt with for years due to long trial periods would end with mediation, mentioned the li time is money ”word in the business world.





- What if the parties cannot produce a solution?

Halil Baştürkmen stated that, besides the general advantages of mediation, the great effects on the business world are not limited to that, ine The mediator can bring a solution proposal if the employer and the employer are unable to produce solutions.



- How will the system proceed with the new arrangement?

Halil Baştürkmen summarized the system as follows;

“Workers will get the employer and compensation and return to work with the demand of mediation in the case of disputes with the mediation of the parties will now try to mediate in the first session, mediation can not apply to the court if not understood. The system will operate through mediation offices in courthouses. The mediator will finalize the application for mediation within 3 weeks. If the parties disagree, the first two-hour fee will be covered from the budget of the Ministry of Justice. In case the mediation activity is terminated due to the absence of one of the parties to the first meeting, the party not participating in the meeting shall be indicated in the final minutes and shall be held responsible for the entire costs of the proceedings even if this party is partially or totally justified. ”