Mandatory mediation in individual business disputes

Today, the development and change in business life has also made the disputes between the parties more complicated. The increasing workload in the trial due to the increasing number rate has pushed the whole world as well as our country to seek alternative dispute resolution solutions in order to resolve disputes more quickly and easily. In our country, mediation method, which is one of the alternative dispute resolution methods in order to reduce the workload in the trial and save time and expense, was regulated on 07/06/2012 by the Law No. 6325 on Legal Disputes Mediation Law. In this way, disputes; In the eyes of an independent, impartial and expert third party called arabuculu, the parties were negotiated among themselves and resolved. The mediation method introduced by this Law is based on the principle of volunteering. In order to increase the expected benefit from the mediation method and to establish the negotiating culture in our country, the Law no. 7036 of the Labor Courts, which came into force on 01.01.2018, made it mandatory to apply for mediation in terms of some disputes in the business trial. The method of compulsory mediation has been a turning point in terms of business judgment. The aim of our study is to evaluate the effects of mandatory mediation on business judgment and procedural law. In our study, general information on alternative dispute resolution methods is given and the concept of mediation, the role of the mediator, its qualities and rights and obligations are discussed. The scope of mediation in individual business disputes has been evaluated in terms of procedural law institutions. In addition, the parties to mandatory mediation in business disputes, the way they are implemented, the legal consequences of the start and end are discussed. The issue has been discussed together with the current Supreme Court and Court of Appeal decisions. Keywords: Alternative Dispute Resolution Methods, Mediation Concept, Individual Business Dispute, Mandatory Mediation.