Alternative proposal for a model for mediation process and Turkish Employment Agency can be adapted to the individual labor disputes

Legal problems that individuals face in daily life have been an inseparable part of their lives in different societies in which an institutional state structure has not been defined. With regard to solution of the legal problems, there has been a search for solution ways and methods without courts. This trend is as old as human history. As the historical process is examined, it is seen that almost all societies have attached increasing importance to alternative solution systems and established a quite rapid legal structure especially in the last period in order to solve problems in a shorter time and consider mutual interests of parties. Alternative legal resolution methods are described as out-of-court solutions in the dispute resolution system. From among other peaceful resolution methods, mediation and conciliation appear as the most mentioned methods because the process takes place in a closed operative system, has no unique strict and unbreakable rules, actively includes also the suspect/defense and creates result-oriented permanent solutions. Turkish Employment Agency (İŞKUR) has been effective in responding to unemployment and giving vocational trainings thanks to its institutional identity and active and passive employment policies. Moreover, İŞKUR had an active role in resolution of both collective and individual labor disputes and thus actively contributed to alternative legal dispute resolution system. However, by means of the amendments that have been made in the Labor Courts Law No. 7036, the provincial directorates' authority and capacity regarding especially individual labor disputes have been revoked. This research proposes an alternative model and states how İŞKUR with necessary infrastructure and competence will have an active role in individual dispute resolution and mediation and how the process will operate. The aim of the research is to enable more rapid dispute resolution without forfeiture through including İŞKUR in the individual dispute resolution as a mediator. KeyWords: Alternative solutions, Mediation, İŞKUR, Mediation