Dergiler / Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi / 2018 / Cilt: 20 - Sayı: 2
YENİ İŞ MAHKEMELERİ KANUNU UYARINCA ARABULUCULUK VE ARABULUCULUĞUN İŞ YARGILAMASINA ETKİLERİ
- Sayfa
- 457–486
- DOI
- —
Özet
Arabuluculuk öğretide tarafların, bağlayıcı bir çözüm önerisi getirme veya
Abstract
Mediation described in doctrine as dispute resolution of parties’ with helpof third party (mediator) who hasn’t got authority to bring a resolutionsuggestion or discretion, according to procedure and basis which they agreed,mutual communication and looking after common benefits. Mediation is basedon voluntariness, neutrality, confidentiality and equality. With 7036 numberedLabor Court Law, Legislator aimed to lighten caseload of courts and solvedisputes easier, faster, cheaper and more effective way by stipulatingapplication to mediation as a case condition. Stipulating application tomediation as a case condition in labor court proceedings criticized in doctrine.Criticisms mostly based on this regulation’s contrary being to mediation’svoluntariness and equality principle and possibility of going againstconstitutional freedom of seek justice. Furthermore 7036 numbered Labor CourtLaw has brought regulations which changed nature of mediation to 6325numbered Mediation in Legal Disputes Law. According to this, mediators canbring resolution suggestion if parties can’t find resolution from now on. In thiscase, it must be examined whether changed mediation system and stipulatingapplication to mediation as a case condition are suitable or not for labor courtproceedings. Also it must be determined, how will they effect labor courtproceedings. In this study, we have made some suggestions while we were takingcriticisms into account, after generally reviewed new regulations.