Sides of any disputes have always preferred to search for alternative solution methods to their dispute problems rather than going through the legal processes in order that they may reach a solution for such reasons as the disputes get more and more complex, but they still need to protect and keep their relations on and their communication channel open. These endeavours have resulted in developing alternative ways of finding solution to their disputes. Thus conciliation issue has been a very popular and most frequently used concept as a way of solution for compromising disputes. In accordance with the law no.7036, the act of going to the conciliator’s with the demands of payable receivables of the employer and the employees based on individual and collective labour agreement, compensation and returning to work is found as an acceptable pre-condition of filing a case. In addition to that, in accordance with the item no.20 of The Law Related to the Execution of Debt For Payable Receivables Deriving From The Contract of Subscription no.7155, and The item no.4 of The law dated 01.01.2019 added to the Turkish Commercial Law no.6102 as the item no.5/a and fort he commercial cases mentioned in the other law items, preferring to go the conciliator’s for the payable receivables and compensation is regarded as a pre-condition subject to file a case. Specialized lawyers particularly having special education about conciliation issues bring the sides of the dispute together, have them comminicate and help them to develop their own ways of solution. Although preferring to g oto the conciliator’s is regarded as a pre-condition of filing a case, the sides do not necessarily have to reach an agreement of reconciliation at the conciliator’s during the process.When we look at the statistics about the conciliation applications which have been going on for about two years, we see that a big number of the disputes end up with a reconciliation at the conciliator’s, and this decreases the workload of the courts. In this study, we present some practical ways of solution that are likely to increase the rate of success of cnciliation system by focusing on the factors affecting the behavioural attitudes of both the employers and the employees subject to the commercial cases for the disputes ending up with a non-reconciliation.
Conciliation, Dispute, Working peace
|Author :||Ömer BOSNALI|
|Number of pages:||98-106|