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Cancellation of the mediation settlement agreement in labor law disputes

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2025
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Abstract (EN)

In cases where the parties reach an agreement during the mediation process, a mediation settlement agreement is signed, which acquires the status of an enforceable instrument and produces binding legal consequences for the parties. However, since the settlement agreement is essentially of a contractual nature, the grounds for annulment and invalidity regulated under the Turkish Code of Obligations may also be applicable to such documents. In this study, the conceptual and legal framework of mediation has been set forth; the historical development of mediation, the practice of mandatory mediation in labor law, and the types of claims subject to this process have been examined in detail. The legal nature of the mediation settlement agreement has been evaluated in the light of judicial decisions and scholarly opinions; the grounds for annulment, the procedure of annulment lawsuits, and the consequences of annulment for the parties and the process have been analyzed. In order to address practical problems, it has been suggested that labor law-specific mediation training should be provided, the content of settlement agreements should be standardized, employees should be made aware of their rights, and judicial review should be strengthened. In this respect, the study aims to contribute to the literature by addressing the issue of annulment of mediation settlement agreements in labor law disputes from both theoretical and practical perspectives.

Author

Ayşe Vural

How to Cite

Ayşe Vural (Master Thesis). Cancellation of the mediation settlement agreement in labor law disputes, 2025, Çağ University.

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