At the end of this course, the students; 1) They will be able to explain the general principles of alternative dispute resolution. 2) They will be able to explain the alternative dispute resolution with regards to Turkish legal system. 3) They will be able to explain mediation that is one of the alternative dispute resolution methods. 4) They will be able to identify and explain the content of the legal regulations regarding mediation in Turkish legal system
MODE OF DELIVERY
Face to face
PRE-REQUISITES OF THE COURSE
No
RECOMMENDED OPTIONAL PROGRAMME COMPONENT
None.
COURSE DEFINITION
There is an essential distinction between conflicts and disputes, though the literature often uses the two terms interchangeably. Conflict is defined as ?a stole of opposition or hostilities?, ?a fight or struggle?. A dispute may be viewed as a class or kind of conflict which manifests itself in distinct, justiciable issues. It involves disagreement over issues capable of resolution by negotiation, mediation or third party adjudication. A dispute is an interpersonal conflict that is communicated or manifested. A conflict may not become a dispute if it is not communicated to someone in the form of a perceived incompatibility or a contested claim.
Alternative dispute resolution (ADR) represents a movement, away from formal adversarial proceedings on the part of the courts, toward informal processes. ADR can be seen as lying within the framework of the world-wide access-to-justice movement. The course should provide the information about mediation. The course aims at improving the negotiating skills of students. Negotiating skills, historical background, and cross cultural aspects of dispute resolution will be considered. The training continues with a practical phase in classroom by working on sample cases. The students are required to do practical work in the classroom as a part of their training and assessment. The phases of mediation will be examined via a demonstration or video on the day of the training. The lawyer?s role will be highlighted, as will the aims of the mediator during each stage of the mediation.
COURSE CONTENTS
WEEK
TOPICS
1st Week
Disagreement, Dispute and Negotiation
2nd Week
General Principles of Alternative Dispute Resolution
3rd Week
Legal Structure and Properties of Alternative Dispute Resolution
4th Week
Alternative Dispute Resolution in Comparative Law
5th Week
Mediation (Dispute Settlement)
6th Week
Types of Mediation - Operation of Modern Mediation
7th Week
Duties of the Mediator and the Methods and Tools Used
8th Week
Mid-term Exam
9th Week
Need for Alternative Dispute Resolution in Turkish Legal System
10th Week
Alternative Dispute Resolution in Turkish Legal System
11th Week
Regulations on Mediation in Turkish Legal System
12th Week
Settlement in Criminal Procedure Law
13th Week
Scope and Content of Law on Mediation in Legal Disputes
14th Week
Final Exam
15th Week
RECOMENDED OR REQUIRED READING
Özbek, Mustafa Serdar: Alternatif Uyuşmazlık Çözümü, Ankara 2016. Ildır, Gülgün: Alternatif Uyuşmazlık Çözümü, Ankara 2003. Kısmet Kekeç, Elif: Arabuluculuk Yoluyla Uyuşmazlık Çözümünde Temel Aşamalar ve Taktikler, Ankara 2011. Taşpolat Tuğsavul, Melis: Türk Hukukunda Arabuluculuk, Ankara 2012
PLANNED LEARNING ACTIVITIES AND TEACHING METHODS
Discussion,Case Study,Questions/Answers
ASSESSMENT METHODS AND CRITERIA
Quantity
Percentage(%)
Mid-term
1
40
Total(%)
40
Contribution of In-term Studies to Overall Grade(%)
40
Contribution of Final Examination to Overall Grade(%)
60
Total(%)
100
ECTS WORKLOAD
Activities
Number
Hours
Workload
Midterm exam
1
1,5
1,5
Preparation for Quiz
0
0
0
Individual or group work
14
24
336
Preparation for Final exam
1
20
20
Course hours
14
3
42
Preparation for Midterm exam
1
17
17
Laboratory (including preparation)
0
0
0
Final exam
1
2
2
Homework
1
32
32
Total Workload
450,5
Total Workload / 30
15,01
ECTS Credits of the Course
15
LANGUAGE OF INSTRUCTION
Turkish
WORK PLACEMENT(S)
No
KEY LEARNING OUTCOMES (KLO) / MATRIX OF LEARNING OUTCOMES (LO)
