The system came into effect on January 1, 2018. In labor-employer disputes, it is not possible to go to court without first applying to a mediator.
The mediation system for labor, employer, and commercial disputes was explained at an information seminar organized by OSTİM and Destek Mediation and Negotiation Center.
At the seminar, Hakan Öztatar, Head of the Mediation Department of the Ministry of Justice; Seracettin Göktaş, President of the 22nd Civil Chamber of the Supreme Court of Appeals; and Attorney Ali Aydın from the Support Mediation and Negotiation Center provided information on the application to workers and employers from OSTİM.
Speaking at the opening of the program, OSTİM Board Member Orhan Aydın pointed out that labor-employer disputes lower motivation. Aydın said, "We are working to ensure industrial peace."
“It serves social peace”
Seracettin Göktaş, the Head of the 22nd Civil Chamber of the Supreme Court of Appeals, shared the following regarding the advantages of the mediation system: “Its biggest advantage compared to litigation is that it serves social peace. Mediation is faster than litigation. It is more economical. It is a flexible process. It pays attention to the needs and interests of the parties.”
It ensures the preservation and maintenance of relations between the parties. Control is entirely in the hands of the parties. There are no winners or losers. Because it is a process that yields good results quickly and at low cost, parties tend to be relatively more compliant with court decisions.”
“There is an opportunity for both sides to win”
Hakan Öztatar, Head of the Mediation Department at the Ministry of Justice, emphasized that commercial mediation is gaining prominence worldwide. Explaining that the confidentiality of trade secrets is essential in the mediation system, Öztatar stated, “Violating confidentiality during the mediation process carries a 6-month prison sentence. Lawsuits cannot be filed regarding matters agreed upon in mediation. Problems that could be resolved in a thousand days through litigation are resolved in one day through the mediation system. It is very important for commercial disputes; there is always an opportunity for both sides to win. The parties make the decision in the process.”
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