The appropriateness of alternative dispute resolution (ADR) in individual employment disputes: a comparative study of Turkey and the UK

This thesis is a comparative study of Alternative Dispute Resolution (ADR) in individual employment disputes in Turkey and the UK. It aims to analyse and draw comparisons between these two countries, which have different levels of compulsion in ADR legislative frameworks. The International Labour Or...

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Main Author: Nalbant, Mustafa
Format: Thesis (University of Nottingham only)
Language:English
Published: 2024
Subjects:
Online Access:https://eprints.nottingham.ac.uk/78500/
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author Nalbant, Mustafa
author_facet Nalbant, Mustafa
author_sort Nalbant, Mustafa
building Nottingham Research Data Repository
collection Online Access
description This thesis is a comparative study of Alternative Dispute Resolution (ADR) in individual employment disputes in Turkey and the UK. It aims to analyse and draw comparisons between these two countries, which have different levels of compulsion in ADR legislative frameworks. The International Labour Organisation (ILO)’s effective dispute resolution criteria are used as comparison benchmarks, with discussion focused on whether, and if so, to what extent ADR methods in Turkey and the UK complied with the criteria as international standards. It argues that the underlying reasons for employing the criteria as yardsticks are not only that they consider the sui generis structure of employment disputes but also that enhancing access to justice through an appropriate resolution of employment disputes forms an integral part of the ILO’s core mission. On this basis, the comparative analyses, considering the ILO criteria, reveal that the UK system, although not flawless, is relatively more appropriate than Turkey in meeting the criteria. Following an extensive and critical comparison, the thesis puts forth recommendations on how to ensure that ADR methods in employment disputes fully adhere to the criteria to provide appropriate dispute resolution mechanisms.
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spelling nottingham-785002025-06-02T14:55:19Z https://eprints.nottingham.ac.uk/78500/ The appropriateness of alternative dispute resolution (ADR) in individual employment disputes: a comparative study of Turkey and the UK Nalbant, Mustafa This thesis is a comparative study of Alternative Dispute Resolution (ADR) in individual employment disputes in Turkey and the UK. It aims to analyse and draw comparisons between these two countries, which have different levels of compulsion in ADR legislative frameworks. The International Labour Organisation (ILO)’s effective dispute resolution criteria are used as comparison benchmarks, with discussion focused on whether, and if so, to what extent ADR methods in Turkey and the UK complied with the criteria as international standards. It argues that the underlying reasons for employing the criteria as yardsticks are not only that they consider the sui generis structure of employment disputes but also that enhancing access to justice through an appropriate resolution of employment disputes forms an integral part of the ILO’s core mission. On this basis, the comparative analyses, considering the ILO criteria, reveal that the UK system, although not flawless, is relatively more appropriate than Turkey in meeting the criteria. Following an extensive and critical comparison, the thesis puts forth recommendations on how to ensure that ADR methods in employment disputes fully adhere to the criteria to provide appropriate dispute resolution mechanisms. 2024-12-12 Thesis (University of Nottingham only) NonPeerReviewed application/pdf en cc_by https://eprints.nottingham.ac.uk/78500/2/Nalbant%2C%20Mustafa%2C%2020142947%2C%20Corrections.pdf Nalbant, Mustafa (2024) The appropriateness of alternative dispute resolution (ADR) in individual employment disputes: a comparative study of Turkey and the UK. PhD thesis, University of Nottingham. Alternative Dispute Resolution ADR Individual Employment Disputes Arbitration Mediation Conciliation United Kingdom Turkey
spellingShingle Alternative
Dispute
Resolution
ADR
Individual
Employment
Disputes
Arbitration
Mediation
Conciliation
United Kingdom
Turkey
Nalbant, Mustafa
The appropriateness of alternative dispute resolution (ADR) in individual employment disputes: a comparative study of Turkey and the UK
title The appropriateness of alternative dispute resolution (ADR) in individual employment disputes: a comparative study of Turkey and the UK
title_full The appropriateness of alternative dispute resolution (ADR) in individual employment disputes: a comparative study of Turkey and the UK
title_fullStr The appropriateness of alternative dispute resolution (ADR) in individual employment disputes: a comparative study of Turkey and the UK
title_full_unstemmed The appropriateness of alternative dispute resolution (ADR) in individual employment disputes: a comparative study of Turkey and the UK
title_short The appropriateness of alternative dispute resolution (ADR) in individual employment disputes: a comparative study of Turkey and the UK
title_sort appropriateness of alternative dispute resolution (adr) in individual employment disputes: a comparative study of turkey and the uk
topic Alternative
Dispute
Resolution
ADR
Individual
Employment
Disputes
Arbitration
Mediation
Conciliation
United Kingdom
Turkey
url https://eprints.nottingham.ac.uk/78500/