Information Package

Ph.D. on Civil Law

LAW610

ALTERNATIVE DISPUTE RESOLUTION METHODS

Course Code
LAW610
Semester
-
Theory+Practice
3 + 0
ECTS
15
Course TypeElective Course
Course LevelDoctorate Of Science
Year of Study-
Semester-
ECTS15
Name of Lecturer(s) -
Learning Outcomes

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 DeliveryFace to face
PrerequisitesNo
Recommended Optional Programme ComponentsNone.
Course DescriptionThere 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
Recommended or Required ReadingÖzbek, 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 Allocated Based on Student Workload
Activities Quantity Duration (Hour) Total Workload (Hour)
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 Work Load450.5
Total Work Load / 30 (h)15.01
ECTS Credit of the Course15
Language of InstructionTurkish
Work Placement(s)No
LO1 LO2 LO3 LO4
K1 X
K2 X
K3 X X
K4 X X