Mediation Applications in German Collective Labour Agreement Law

Today, alternative dispute resolution methods including the mediation institution are increasingly commonly used in order to solve problems promptly in every branch of law. In this context, where there is a dispute in collective labour law, mediation applications are used under some certain conditions. Accordingly, European Social Charter expressly promotes creating and using the methods of reconciliation and voluntary mediation for the settlement of labour disputes. Whilst mediation applications were started to being applied in Turkish collective labour law by the introduction of Collective Labour Agreement, Strike and Lockout Law No. 2822 in 1983, mediation in German collective labour law was well before regulated and started to being applied. Based on this, in this study, mediation applications in German collective labour agreement law will be examined by the analysis of legal requirements in Control Council Law No. 35 on “Conciliation and Mediation Methods in Labour Disputes” [Kontrollratsgesetz – Ausgleichs- und Schiedsverfahren in Arbeitsstreitigkeiten (KRG)] and current legal status in order to provide a perspective on mediation in Turkish collective labour law.