Effectiveness of mediation institution in labor law disputes: The case of Çukurova region (adana-mersin)

In Turkish law, mediation was initially incorporated into legislation as a voluntary requirement and then implemented into labor law as a prerequisite for litigation. Studies conducted in countries where mediation as a prerequisite for litigation would be implemented and analyses consistent with the profile in Turkey served as a guide in the drafting of the legislation. The implementation of mediation in labor law has been supported by factors such as the balance of power, specialized regulations of labor courts, and the streamlined litigation process for disputes. However, the Constitutional Court has raised concerns that mandatory mediation imposes limitations on the right to seek legal remedies and access to court, impacting the principle of natural judge. The case has brought forward different perspectives among legal experts through related cases. The study examines the lengthy duration of court proceedings, their economic burdens, and potential losses in labor receivables, as well as the flexibility of the mediation process. Furthermore, the parties' ability to exercise their discretion in evaluating their requests and proposals, as well as the drafting and enforceability of agreement documents, are also evaluated. This process reveals the necessity of generating solutions by considering the past and the future. The thesis consists of two parts; the first part examines fundamental concepts related to labor law, as well as the requirements for a lawsuit and voluntary mediation documents. The second part scientifically evaluates the impact of mediation in labor disputes using criminal record statistics and semi-structured interviews. By presenting the theoretical framework of mediation in labor law, developments in practice, and high court precedents, the study provides a holistic perspective on the effectiveness of the mediation process.