Mediation in individual labor law disputes

The mediation system, which has been widely adopted in various countries around the world for many years, is a solution that has emerged and spread due to the increased workload and prolonged litigation processes in the courts. The primary goal of the mediation system is not to limit the jurisdiction of the courts but to facilitate community involvement in dispute resolution, enable citizens to resolve disputes fairly and expeditiously without resorting to court proceedings, shorten the length of legal proceedings, reduce litigation costs, and decrease the number of pending cases in the courts. Particularly in the context of labor-related disputes between employees and employers, the number of cases brought before labor courts has increased due to the long-standing practice of seeking resolution through the judicial system. The excessive workload on the courts, extended litigation durations, and the effort to resolve disputes through legal channels often result in further hardships for the parties seeking to assert their rights. Law No. 6325 on Mediation in Civil Disputes, which was initially introduced on a voluntary basis in 2012 and later mandated for individual labor disputes by Law No. 7036 in 2017, primarily covers private law disputes, especially those involving the payment of a certain amount of money. In this study, an overview of the mediation system, its suitability within the framework of Turkish law for resolving legal disputes, and the mandatory mediation process for individual labor law disputes are examined.