Mandatory Mediation Brought13.2.2018

The novelty brought by the law, which requires the dismissal of the cases to be filed without going to the mediator, is as follows:


"A worker or an employer based on an individual or collective employment contract would be the case and the mediation application in the cases of compensation and reinstatement was a matter of trial. The plaintiff will have to petition the original or mediator-approved example of the last minute of failure to reach agreement in the mediation.


If the obligation to comply with the mediation is not complied with, the plaintiff will be sent an invitation to the plaintiff, the last minute to be presented within a one-week deadline, or otherwise the case will be refused. If the requirement of the warning is not fulfilled, the case will be decided to be rejected without a notification to the other party. If it is understood that a lawsuit has been filed without consulting the mediator, the proceedings will be rejected without any action. The attorneys or legal representatives of the parties may also participate in negotiations with the mediator.


There will be no obligation to go to mediation for pecuniary and non-pecuniary damages arising occupational accidents or occupational diseases and rumor cases related to them.


The experts who can contribute to the settlement of the dispute will also be available in the negotiations. If the parties can not produce a solution, a mediator may propose a solution. The mediation negotiations will represent the administration, consisting of two members appointed by the head of administration, and a commission consisting of a lawyer or legal counsel who will be appointed by the law enforcement or his lawyer. The Commission will hold a mediated report at the end of mediation negotiations for five years. Compensation lawsuits to be filed by the members of the Commission due to their work and the decisions they make within the mediation activity can only be filed against the state. The state will repay the members who abuse their duty by acting against the requirements of the duty due to the reparations made within one year the date of payment.


Mediation bureaus will be established in accordance with the ministry to inform the applicants of the mediation, to appoint mediators and to perform other duties assigned by law. The judicial judge will be appointed by a judicial commission of the first instance court, with a writing director and a staff member, to work exclusively in these offices. The mediator´s office will serve under the supervision and supervision of the magistrate´s lawyer determined by the Judges and Prosecutors´ Council. "


With a change in the legislation, the mediation criteria were redefined. Accordingly, the conditions for enrollment in the mediator registry are not to be convicted of an intentionally committed offense, but even if it has been sentenced to imprisonment for more than a year due to a deliberately committed offense, the offense against the security of the state, the constitutional order and crimes against the operation of this order, to be convicted of bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, misrepresentation of misrepresentation, misrepresentation of deceitful performance, misappropriation of property values ??caused by an offense or smuggling, contradiction of opinion, false testimony and falsehood.

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