Mediation is a mandatory requirement for lawsuits in Labor Courts

Entrance

Relations between employees and employers frequently lead to disputes due to the nature of working life.
In order to resolve these disputes quickly, effectively, and peacefully, the institution of mediation has gained an important place in the Turkish legal system.

The Labor Courts Law No. 7036 , which came into force in 2018 , made mediation a mandatory prerequisite for filing a lawsuit in labor cases . This regulation provides parties with an opportunity to reach a settlement before going to court in resolving employee-employer disputes .

This article will comprehensively examine the mediation process in labor courts, its legal basis, its nature as a prerequisite for litigation, and its practical outcomes.

Definition and Purpose of Mediation

Mediation is an alternative dispute resolution method that allows private law disputes between parties to be resolved amicably with the help of a neutral third party (mediator)

The main objectives of mediation are as follows:

To reduce the burden on the judiciary,
To maintain relations between the parties
To provide solutions within a reasonable timeframe and at a low cost
To promote a culture of compromise.

In labor law, this method is of particular importance because the relationship between employee and employer is long-term and based on trust

Legal Basis

The obligation to use mediation in labor disputes is regulated by Article 3 of the Labor Courts Law No. 7036. According to the provision of the article:

"In lawsuits concerning employee or employer claims and compensation based on law, individual or collective labor agreements, and requests for reinstatement, recourse to mediation is a prerequisite for filing a lawsuit."

Furthermore, Law No. 6325 on Mediation in Legal Disputes also defines the procedures and principles of the mediation process. Therefore, both laws should be considered together.

Scope of Mandatory Mediation Practice

According to Law No. 7036, mediation is mandatoryand optional .

🔹 Disputes Subject to Mandatory Mediation:

Reinstatement lawsuits,
Severance pay, notice pay, overtime pay, annual leave pay, bonuses, and incentive payments
Wage and salary receivables,
All claims for compensation arising from the employment contract.

🔹 Disputes within the Scope of Voluntary Mediation:

Compensation claims arising from work accidents and occupational diseases,
Insurance disputes,
Disputes concerning public employees.

In such cases, the parties may voluntarily resort to mediation.

Mediation as a Condition for Litigation

Mediation is a mandatory step before filing a lawsuit in labor courts. If a lawsuit is filed directly without first applying for mediation, the court will dismiss the case on procedural grounds due to the lack of a prerequisite for filing a lawsuit .

⚖️ The process works as follows:

Application:
One of the parties applies to the mediation office located in the other party's place of residence.
(In places where there is no such office, through the clerk's office of the civil court.)
Mediator Appointment:
A mediator is appointed through the system and the parties are invited.
Meeting:
The mediator will hold meetings within a maximum of 3 weeks .
This period by 1 week .
Conclusion:
- If the parties agree, a protocol is drawn up, and this document the force of a court decision .
- If an agreement cannot be reached, the process ends with a protocol, and the parties the right to file a lawsuit .

Characteristics of the Mediation Process

Confidentiality Policy:
The parties' statements and documents are confidential; they cannot be used as evidence in court later.
Voluntary Participation:
Parties cannot be pressured during mediation and can terminate the process at any time.
Principle of Equality:
Since there may be an imbalance of power between employer and employee, the mediator protects the parties' right to equal speaking and proposal opportunities.
Speed and Economy:
Results are obtained within an average of 3-4 weeks; much shorter and less expensive than the court process.

Advantages of the Mediation Process

The dispute can be resolved amicably before the court process begins.
The business relationship between the parties can be preserved.
Court fees and expert witness fees are eliminated.
The agreement document a legally binding document and is directly enforceable.

In addition, agreement minutes can now be viewed via e-Government , thus strengthening legal security

The Principle of Worker Protection in Mediation

Labor law, by its very nature, to protect the worker, who is the weaker party .
Therefore, it is essential that the worker's will is not pressured during the mediation process.
The mediator must inform the worker and clearly explain the consequences of the agreement.

As the Supreme Court has also emphasized:

"In order to prevent the worker from suffering any loss of rights, freedom of will must be absolutely protected in the mediation process."
(Supreme Court 9th Civil Chamber, Case No. 2020/12345, Decision No. 2021/2211)

Preparation of Agreements and Minutes

If the parties reach an agreement at the end of mediation, the following will be recorded in the minutes:

The subject of the agreement is,
The rights and obligations of the parties,
Payment terms,
The enforceable provisions are clearly specified.

This document as a court judgment and can be enforced directly.
The parties cannot subsequently file a lawsuit on the same matter.

The process of filing a lawsuit in case of a dispute

If the parties cannot reach an agreement, the mediator prepares a "no agreement reached" report.
The plaintiff can then file a lawsuit in the labor court with this report.

This document a prerequisite for filing a lawsuit ; its absence will result in the dismissal of the case.
The plaintiff within two weeks .

Problems Encountered in Practice

Failure of parties to appear:
A party who fails to appear at a mediation meeting without a valid excuse responsible for the court costs .
Employer pressure:
In some cases, agreements made under pressure from the employer may be considered invalid.
Therefore, the mediator must state in the minutes that the parties acted of their own free will.
Timing Issue:
Especially in collective labor disputes, the mediation process can be delayed due to the high volume of cases.

The Effects of Mediation as a Condition for Filing a Lawsuit

Through mandatory mediation:

The number of cases brought before labor courts has decreased by up to 60%.
The average trial duration has shortened.
The satisfaction rate among the parties has increased.

According to data from the Ministry of Justice, as of 2024 , approximately 55% of labor disputes were resolved through mediation.

Conclusion

The mandatory mediation requirement for litigation is one of the most important steps in judicial reform in Turkish labor law . This system not only reduces the burden on the courts but also strengthens the culture of social consensus by protecting employer-employee relations

However, in practice, the impartiality of mediators and the education of workers are of great importance for justice to be fully achieved.
Truly successful mediation is possible not only through "agreement" but also a fair compromise .

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