Supreme Court Evaluated The Consequences Of Not Attending The Mediation Meeting Without Giving An Excuse

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The decision of the 9th Civil Chamber of the Supreme Court, numbered 2022/4 E. and 2022/1034 K., was published in the Official Gazette dated 14 April 2022 and numbered 31809.

Turkey Litigation, Mediation & Arbitration

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Recent development

The decision of the 9^th Civil Chamber of the Supreme Court, numbered 2022/4 E. and 2022/1034 K., was published in the Official Gazette dated 14 April 2022 and numbered 31809. With the decision, within the scope of mandatory mediation regarding labor law disputes, it has been decided that the party that causes the end of the mediation process due to failure to attend the first meeting without giving an excuse will be liable for the entire cost of the trial, not just the acceptance or rejection rate, and an attorney's fee will be charged against this party.

What does the decision say?

In the decision, the plaintiff stated that the defendant did not participate in the mediation negotiations without giving any excuse and demanded the collection of overtime receivables from the defendant.

According to the decision:

It has been determined that the parties are engaged in mediation within the scope of mandatory mediation, the defendant did not attend the mediation meeting without giving an excuse, and the process ended for this reason.
Pursuant to the decision rendered by the Antalya 6^th Labor Court (“Court of First Instance”), it has been decided that the defendant be held responsible for the litigation costs according to the acceptance and rejection rate of the claim, as well as the attorney's fee over the amount of the rejected claim in favor of the defendant.
Law on Mediation in Civil Disputes No. 6325 (“Law”) stipulates that the party that causes the end of the mediation process due to failure to attend the first meeting without giving an excuse will be liable for the entire cost of the trial, regardless of whether the party is partially or fully justified in the case, and an attorney's fee will be charged against this party.
As a result, the 9^th Civil Chamber of the Supreme Court also gave a decision supporting the Law.

Conclusion

The effects of this decision given by the 9^th Civil Chamber of the Supreme Court should be followed and taken into account by employers in the case of legal disputes.

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Authors

Sertac Kokenek

Gokhan Akcaalan

Mina İçduygu

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