Türkiye de Toplu İş Uyuşmazlıklarının Çözümünde Arabuluculuk ve Uzlaştırma Sisteminin Evrimi ve Sistemin Etkinliğini Arttırıcı Öneriler

OpenAlex Türkçe

AbstractMediation is one of the main non-binding alternative resolution methods in industrial collective disputes. Alternative dispute resolution has long-run tradition in Turkish industrial relations; otherwise mediation has been more frequently used. For instance in new regulations for collective bargaining in article of 6356 still mediation process has given priority over the other alternative methods and provides simplification process for mediation application. Also some of regulations in article of 6356 given small – scale and non-significant amendment into mediation application process and being able to reach to mediation process after strike decision.Empowerment of alternative resolution mechanism has been evaluated important factor related industrial relations system for decade by researchers and indicated that minimize perception of parties about process which is compulsory but ineffective before strike action. Also new policy design should focused build on functional beneficiaries between parties. This study try to highlight factors which may made more efficient mediation process and bring out quality of mediators, effective strategies and behavioral circumstances of parties. Therefore some of them may seen useful advices related to optimal institutional design about regulatory mediation office. This advices based on research which classified 697 mediator reports in 4 sector from 2000 to 2010 at Ministry of Labour and Social Security official archive.Keywords: Mediation, Conciliation, Collective Labour Dispute, Alternative Dispute Resolution, Collective Bargaining.