APPEAL TO MANDATORY MEDIATION AS A CASE OF CONDITION (EVOLUATION IN THE CONTEXT OF THE PRINCIPLE OF JUDICIAL ECO-NOMY AND THE RIGHT TO LEGAL REMEDIES) DAVA ŞARTI OLARAK ARABULUCUYA BAŞVURU ZORUNLULUĞU (USÛL EKONOMİSİ İLKESİ VE HAK ARAMA HÜRRİYETİ BAKIMINDAN DEĞERLENDİRME)
Mandatory mediation is related to the principle of the rule of law and right to legal remedies. If parties appeal not to mediation, when there is mandatory mediation, the judge could not proceed. As a requirement of the rule of law, the State is obliged to establish justice. On the other hand, right to legal remedies requires justice. There is the discretion of the legislator in the form of legal protection. When this power is used, the benefits and damages that will be caused must be taken into consideration. In Turkish law, the Code of Labor Courts (numbered 7036) regulated mandatory mediation. For this reason, the subject is a current issue in Turkish Law. In our work, mandatory mediation has been evaluated context of judicial economy dealt with accordingly the right to legal remedies and the principle of the rule of law and this regulation is in conformity with the constitution in respect of the said principles.
Keywords
Mediation, Mandatory Mediation, Case of Condition, Judicial Economy, Right to Legal Remedies
@article{2018,title={APPEAL TO MANDATORY MEDIATION AS A CASE OF CONDITION (EVOLUATION IN THE CONTEXT OF THE PRINCIPLE OF JUDICIAL ECO-NOMY AND THE RIGHT TO LEGAL REMEDIES)},abstractNode={Mandatory mediation is related to the principle of the rule of law and right to legal remedies. If parties appeal not to mediation, when there is mandatory mediation, the judge could not proceed. As a requirement of the rule of law, the State is obliged to establish justice. On the other hand, right to legal remedies requires justice. There is the discretion of the legislator in the form of legal protection. When this power is used, the benefits and damages that will be caused must be taken into consideration. In Turkish law, the Code of Labor Courts (numbered 7036) regulated mandatory mediation. For this reason, the subject is a current issue in Turkish Law. In our work, mandatory mediation has been evaluated context of judicial economy dealt with accordingly the right to legal remedies and the principle of the rule of law and this regulation is in conformity with the constitution in respect of the said principles.},author={Volkan ÖZÇELİK},year={2018},journal={Kesit Akademi}}
Volkan ÖZÇELİK . 2018 . APPEAL TO MANDATORY MEDIATION AS A CASE OF CONDITION (EVOLUATION IN THE CONTEXT OF THE PRINCIPLE OF JUDICIAL ECO-NOMY AND THE RIGHT TO LEGAL REMEDIES) . Kesit Akademi.DOI:10.18020/kesit.1436
Volkan ÖZÇELİK.(2018).APPEAL TO MANDATORY MEDIATION AS A CASE OF CONDITION (EVOLUATION IN THE CONTEXT OF THE PRINCIPLE OF JUDICIAL ECO-NOMY AND THE RIGHT TO LEGAL REMEDIES).Kesit Akademi
Volkan ÖZÇELİK,"APPEAL TO MANDATORY MEDIATION AS A CASE OF CONDITION (EVOLUATION IN THE CONTEXT OF THE PRINCIPLE OF JUDICIAL ECO-NOMY AND THE RIGHT TO LEGAL REMEDIES)" , Kesit Akademi (2018)
Volkan ÖZÇELİK . 2018 . APPEAL TO MANDATORY MEDIATION AS A CASE OF CONDITION (EVOLUATION IN THE CONTEXT OF THE PRINCIPLE OF JUDICIAL ECO-NOMY AND THE RIGHT TO LEGAL REMEDIES) . Kesit Akademi . 2018. DOI:10.18020/kesit.1436
Volkan ÖZÇELİK .APPEAL TO MANDATORY MEDIATION AS A CASE OF CONDITION (EVOLUATION IN THE CONTEXT OF THE PRINCIPLE OF JUDICIAL ECO-NOMY AND THE RIGHT TO LEGAL REMEDIES). Kesit Akademi (2018)
Volkan ÖZÇELİK .APPEAL TO MANDATORY MEDIATION AS A CASE OF CONDITION (EVOLUATION IN THE CONTEXT OF THE PRINCIPLE OF JUDICIAL ECO-NOMY AND THE RIGHT TO LEGAL REMEDIES). Kesit Akademi (2018)
Format:
Volkan ÖZÇELİK. (2018) .APPEAL TO MANDATORY MEDIATION AS A CASE OF CONDITION (EVOLUATION IN THE CONTEXT OF THE PRINCIPLE OF JUDICIAL ECO-NOMY AND THE RIGHT TO LEGAL REMEDIES) Kesit Akademi
Volkan ÖZÇELİK . APPEAL TO MANDATORY MEDIATION AS A CASE OF CONDITION (EVOLUATION IN THE CONTEXT OF THE PRINCIPLE OF JUDICIAL ECO-NOMY AND THE RIGHT TO LEGAL REMEDIES) . Kesit Akademi . 2018 doi:10.18020/kesit.1436
Volkan ÖZÇELİK."APPEAL TO MANDATORY MEDIATION AS A CASE OF CONDITION (EVOLUATION IN THE CONTEXT OF THE PRINCIPLE OF JUDICIAL ECO-NOMY AND THE RIGHT TO LEGAL REMEDIES)",Kesit Akademi(2018)