In Labor Law, there are some important differences between compulsory and arbitrary mediation.
Within this framework, you can find the details about compulsory and arbitrary mediation in labor law disputes as below:
Mediation, one of the alternative dispute resolutions methods, is regulated by Mediation in Legal Disputes Law No. 6325 (In Turkish.), and a legal basis has been prepared for legal disputes. Mediation is the method used by the parties for a private law dispute before or after filing a lawsuit under the arbitration of an impartial third party (mediator) who has received specialized training, chosen by their own free will.
There are two types of meditation in Turkish Law; "compulsory mediation" and "arbitrary mediation."
Compulsory Mediation: In Turkish Law, the obligation to apply to a mediator before filing a lawsuit for some disputes is regulated by the legislator.Compulsory mediation is a cause of action for these disputes. In other words, in disputes in which mediation is compulsory, lawsuits filed without a mediator are rejected due to the absence of a litigation requirement.
Arbitrary Mediation: In arbitrary mediation, although the parties do not have to apply to a mediator, they prefer to apply to a mediator instead of filing a lawsuit to resolve the dispute. The parties can apply to an arbitrary mediation regarding any private law dispute.
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