Mediation
"A New Breath to the Business World: Mediation"
Mediation, which has become a new cause of action in employee-employer disputes will start a new era in business world.
Susurluk Commodity Exchange Chairman Sefer GÖÇER has commented on the mediation which has become a new cause of action in labor disputes with the entry of 7036 numbered Labor Courts Law into action on 1st of January 2018. Sefer GÖÇER, emphasizing that a new breath has come into the business world with mediation- the cause of action, has thanked evereyone who contributed to the new regulation and emphasized that as a community they will continue to do what is necessary to ensure the system's success.
- In mediation, the issues that were agreed upon will not be a cause of action again.
In the statement he made on the regulations under the Labor Courts Law, Sefer GÖÇER, indicating that; "the issues that were agreed upon by the emplyee and employer as a result of mediation cannot be a cause of action again," saying that "the regulation will save an important amount of time for the business world." "Both the employee and the employer will leave this issue while ensuring their needs, and will be able to use their energy, potential and time for other issues."
- Confidentiality during mediation will prevent prejudication.
Saying that "prejudication which has become a big problem for business world with classic judgment methods; since the mediation letter of agreement between the emplyer and employee will be classified and all sides and the mediator will have to keep to the agreement it will no longer be a problem and will not set an example," Sefer GÖÇER stressed that these changes must be learnt by the business world.
Mentioning that because of the long periods of trials, the years-long labor courts will end with mediation, Sefer GÖÇER talked about the operability of the word "time is money" for the business world.
-What if the parties cannot find a solution?
Indicating that alongside its general advantages, mediation's effects on the business world is not limited to these, Sefer GÖÇER has added "in the case of employee and employer cannot find a solution, the mediator will be able to come up with a solution offer."
-How will the system proceed with the new regulation?
Sefer GÖÇER has summarized the system under the light of new regulations;
"The sides will try mediation in the first hearing in employee-emplyer dues and compensations and labor disputes with reinstatement claims with mediation becoming a cause of action, and they will be able to apply to the court in case of a disagreement. The system will proceed via mediation offices in courthouses. Mediator will end the mediation appeal within three weeks. In case of the sides' disagreement, the fee for the first two hours will be paid from the budget of the Ministry of Justice. In the case of one of the sides' not attending the dirst meeting and the end of mediation, the non-participating side will be indicated in the last official report ad this side will be responsible for the litigation expenses even if they are partially or fully de jure."