Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| ALTERNATIVE DISPUTE REVOLUTION WAYS | HUK3211801 | Spring Semester | 2+0 | 2 | 4 |
| Course Program | Perşembe 15:30-16:15 Perşembe 16:30-17:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Elective |
| Course Coordinator | Assist.Prof. Zeynep Feyza EKER AYHAN |
| Name of Lecturer(s) | Assist.Prof. Zeynep Feyza EKER AYHAN |
| Assistant(s) | Research Assistant Merve İLDAN, Research Assistant Yağmur ASLAN |
| Aim | The main aim of this course is to provide an overview of the concept, methods and conduct of ADR processes from an international perspective, while making references to the situation in Turkey. |
| Course Content | This course contains; The Concept and History of Alternative Dispute Resolution (ADR), Advantages of Using ADR Methods ,Main Methods of ADR, Negotiation as an ADR Method ,Principles of Negotiation, Different Approaches to Negotiation, Phases of Negotiation, Bargaining Models in Mediation,Mediation, History of Mediation, Main Features of Mediation- Advantages of Mediation, Mediation: Always the Best Option?, Mediation and other Methods of ADR, Mediation Strategies ,Mediation in EU, US and some Other Legal Systems, UNCITRAL Conciliation Rules, ICC Rules on Mediation, ICSID Rules on Mediation ,Mediation and Private International Law, Mediation Contract, Law to be Applied to Mediation Contract, Mediator Contract, Law to be Applied to Mediator Contract, Enforcement of Mediation Agreement ,Mediation in Turkey, Legal Background and Legal Basis of Mediaton in Turkey, Core Principles of Turkish Mediation Law, Conduct and Termination of Mediation according to Turkish Mediation Law ,Mandatory Mediation in Turkey, Peculiarities of Mandatory Mediation System, Mandatory Mediation of Commercial Disputes, Mandatory Mediation of Labor Disputes ,Singapore Convention on Mediation, Provisions and Effects of Singapore Convention ,Definition, characteristics, types and advantages of arbitration, examination of international arbitration, sources of international arbitration,Arbitration Agreement and the Law Applicable to that Agreement, Separability of Arbitration Agreement, ,Content and Preparation of the Request for Arbitration, Constitution of the Arbitral Tribunal, the Initial Phases of Arbitration and Preparation of the Terms of Reference and Procedural Timetable,Jurisdiction of the Arbitral Tribunal and Its Limits and Provisional Measures in International Arbitration,Recognition and Enforcement of the Arbitral Award and in that Regard the New York Convention, and Requirements for Enforcement and Grounds for Refusal of Enforcement Regulated Thereupon . |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Explains the concept of alternative dispute resolution. | 10, 16, 9 | A |
| Distinguishes the differences and similarities of different alternative dispute resolution methods. | 10, 16, 9 | A |
| Analyzes the concept of mediation and its advantages/ disadvantages. | 10, 16, 9 | A |
| Explains how mediation procedure is conducted in international context and with regard to Turkish law. | 10, 16, 9 | A |
| Explores international arbitration and learns about the procedure of the international arbitration. | 10, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The Concept and History of Alternative Dispute Resolution (ADR), Advantages of Using ADR Methods | Readings from related academic resources |
| 2 | Main Methods of ADR, Negotiation as an ADR Method | Readings from related academic resources |
| 3 | Principles of Negotiation, Different Approaches to Negotiation, Phases of Negotiation, Bargaining Models in Mediation | Readings from related academic resources |
| 4 | Mediation, History of Mediation, Main Features of Mediation- Advantages of Mediation, Mediation: Always the Best Option?, Mediation and other Methods of ADR, Mediation Strategies | Readings from related academic resources |
| 5 | Mediation in EU, US and some Other Legal Systems, UNCITRAL Conciliation Rules, ICC Rules on Mediation, ICSID Rules on Mediation | Readings from related academic resources |
| 6 | Mediation and Private International Law, Mediation Contract, Law to be Applied to Mediation Contract, Mediator Contract, Law to be Applied to Mediator Contract, Enforcement of Mediation Agreement | Related readings |
| 7 | Mediation in Turkey, Legal Background and Legal Basis of Mediaton in Turkey, Core Principles of Turkish Mediation Law, Conduct and Termination of Mediation according to Turkish Mediation Law | Readings from related academic resources |
| 8 | Mandatory Mediation in Turkey, Peculiarities of Mandatory Mediation System, Mandatory Mediation of Commercial Disputes, Mandatory Mediation of Labor Disputes | Readings from related academic resources |
| 9 | Singapore Convention on Mediation, Provisions and Effects of Singapore Convention | Readings from related academic resources |
| 10 | Definition, characteristics, types and advantages of arbitration, examination of international arbitration, sources of international arbitration | Readings from related academic resources |
| 11 | Arbitration Agreement and the Law Applicable to that Agreement, Separability of Arbitration Agreement, | Readings from related academic resources |
| 12 | Content and Preparation of the Request for Arbitration, Constitution of the Arbitral Tribunal, the Initial Phases of Arbitration and Preparation of the Terms of Reference and Procedural Timetable | Readings from related academic resources |
| 13 | Jurisdiction of the Arbitral Tribunal and Its Limits and Provisional Measures in International Arbitration | Readings from related academic resources |
| 14 | Recognition and Enforcement of the Arbitral Award and in that Regard the New York Convention, and Requirements for Enforcement and Grounds for Refusal of Enforcement Regulated Thereupon | Readings from related academic resources |
| Resources |
| Mustafa Serdar Özbek- Alternatif Uyuşmazlık Çözümü, Ankara 2016 Ferhat Yıldırım-Avusturya ve Türkiye'de Alternatif Uyuşmazlık Çözüm Kanunları, On İki Levha Yayıncılık, 2015 S. Roberts and M. Palmer, Dispute Processes: ADR and The Primary Forms of Decision Making, Cambridge University Press, 2005 |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | X | |||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | X | |||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 2 | 28 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 25 | 25 | |||
| General Exam | 1 | 55 | 55 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 108 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(108/30) | 4 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| ALTERNATIVE DISPUTE REVOLUTION WAYS | HUK3211801 | Spring Semester | 2+0 | 2 | 4 |
| Course Program | Perşembe 15:30-16:15 Perşembe 16:30-17:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Elective |
| Course Coordinator | Assist.Prof. Zeynep Feyza EKER AYHAN |
| Name of Lecturer(s) | Assist.Prof. Zeynep Feyza EKER AYHAN |
| Assistant(s) | Research Assistant Merve İLDAN, Research Assistant Yağmur ASLAN |
| Aim | The main aim of this course is to provide an overview of the concept, methods and conduct of ADR processes from an international perspective, while making references to the situation in Turkey. |
| Course Content | This course contains; The Concept and History of Alternative Dispute Resolution (ADR), Advantages of Using ADR Methods ,Main Methods of ADR, Negotiation as an ADR Method ,Principles of Negotiation, Different Approaches to Negotiation, Phases of Negotiation, Bargaining Models in Mediation,Mediation, History of Mediation, Main Features of Mediation- Advantages of Mediation, Mediation: Always the Best Option?, Mediation and other Methods of ADR, Mediation Strategies ,Mediation in EU, US and some Other Legal Systems, UNCITRAL Conciliation Rules, ICC Rules on Mediation, ICSID Rules on Mediation ,Mediation and Private International Law, Mediation Contract, Law to be Applied to Mediation Contract, Mediator Contract, Law to be Applied to Mediator Contract, Enforcement of Mediation Agreement ,Mediation in Turkey, Legal Background and Legal Basis of Mediaton in Turkey, Core Principles of Turkish Mediation Law, Conduct and Termination of Mediation according to Turkish Mediation Law ,Mandatory Mediation in Turkey, Peculiarities of Mandatory Mediation System, Mandatory Mediation of Commercial Disputes, Mandatory Mediation of Labor Disputes ,Singapore Convention on Mediation, Provisions and Effects of Singapore Convention ,Definition, characteristics, types and advantages of arbitration, examination of international arbitration, sources of international arbitration,Arbitration Agreement and the Law Applicable to that Agreement, Separability of Arbitration Agreement, ,Content and Preparation of the Request for Arbitration, Constitution of the Arbitral Tribunal, the Initial Phases of Arbitration and Preparation of the Terms of Reference and Procedural Timetable,Jurisdiction of the Arbitral Tribunal and Its Limits and Provisional Measures in International Arbitration,Recognition and Enforcement of the Arbitral Award and in that Regard the New York Convention, and Requirements for Enforcement and Grounds for Refusal of Enforcement Regulated Thereupon . |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Explains the concept of alternative dispute resolution. | 10, 16, 9 | A |
| Distinguishes the differences and similarities of different alternative dispute resolution methods. | 10, 16, 9 | A |
| Analyzes the concept of mediation and its advantages/ disadvantages. | 10, 16, 9 | A |
| Explains how mediation procedure is conducted in international context and with regard to Turkish law. | 10, 16, 9 | A |
| Explores international arbitration and learns about the procedure of the international arbitration. | 10, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The Concept and History of Alternative Dispute Resolution (ADR), Advantages of Using ADR Methods | Readings from related academic resources |
| 2 | Main Methods of ADR, Negotiation as an ADR Method | Readings from related academic resources |
| 3 | Principles of Negotiation, Different Approaches to Negotiation, Phases of Negotiation, Bargaining Models in Mediation | Readings from related academic resources |
| 4 | Mediation, History of Mediation, Main Features of Mediation- Advantages of Mediation, Mediation: Always the Best Option?, Mediation and other Methods of ADR, Mediation Strategies | Readings from related academic resources |
| 5 | Mediation in EU, US and some Other Legal Systems, UNCITRAL Conciliation Rules, ICC Rules on Mediation, ICSID Rules on Mediation | Readings from related academic resources |
| 6 | Mediation and Private International Law, Mediation Contract, Law to be Applied to Mediation Contract, Mediator Contract, Law to be Applied to Mediator Contract, Enforcement of Mediation Agreement | Related readings |
| 7 | Mediation in Turkey, Legal Background and Legal Basis of Mediaton in Turkey, Core Principles of Turkish Mediation Law, Conduct and Termination of Mediation according to Turkish Mediation Law | Readings from related academic resources |
| 8 | Mandatory Mediation in Turkey, Peculiarities of Mandatory Mediation System, Mandatory Mediation of Commercial Disputes, Mandatory Mediation of Labor Disputes | Readings from related academic resources |
| 9 | Singapore Convention on Mediation, Provisions and Effects of Singapore Convention | Readings from related academic resources |
| 10 | Definition, characteristics, types and advantages of arbitration, examination of international arbitration, sources of international arbitration | Readings from related academic resources |
| 11 | Arbitration Agreement and the Law Applicable to that Agreement, Separability of Arbitration Agreement, | Readings from related academic resources |
| 12 | Content and Preparation of the Request for Arbitration, Constitution of the Arbitral Tribunal, the Initial Phases of Arbitration and Preparation of the Terms of Reference and Procedural Timetable | Readings from related academic resources |
| 13 | Jurisdiction of the Arbitral Tribunal and Its Limits and Provisional Measures in International Arbitration | Readings from related academic resources |
| 14 | Recognition and Enforcement of the Arbitral Award and in that Regard the New York Convention, and Requirements for Enforcement and Grounds for Refusal of Enforcement Regulated Thereupon | Readings from related academic resources |
| Resources |
| Mustafa Serdar Özbek- Alternatif Uyuşmazlık Çözümü, Ankara 2016 Ferhat Yıldırım-Avusturya ve Türkiye'de Alternatif Uyuşmazlık Çözüm Kanunları, On İki Levha Yayıncılık, 2015 S. Roberts and M. Palmer, Dispute Processes: ADR and The Primary Forms of Decision Making, Cambridge University Press, 2005 |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | X | |||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | X | |||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |