| Overall Educational Objective |
To gain an overall theoretical and practical understanding of the extrajudicial dispute resolution procedure called “Mediation”, which operates in a complementary manner to the court system and influences greatly the everyday practice of law professionals such as lawyers, judges and mediators in Turkey and internationally (E.U., U.S.). Mediation combines, in an exciting and understandable way, law with psychology and negotiations. |
| Course Description |
The course presents the mediation legal framework in Turkey and a comparison with the one of the E.U. and the U.S.
Students become familiar with the role that lawyers and mediators assume in a mediation procedure, with their differences and their complementary nature.
Last but not least, through practical exercises and mediation simulations, students develop important new skills, including an understanding of negotiation and solution generating techniques that allow them to operate efficiently in both a mediation context and also in their overall daily professional practice, where such skills are crucial and help them stand out from other professionals.
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| Course Description in Turkish |
Dersin genel amacı, öncelikle Türkiye’de arabuluculuğun hukuki çerçevesini Avrupa Birliği ve ABD ile karşılaştırmalı olarak tanıtmaktır.
Ardından öğrencilere arabuluculuk sürecinde avukatların ve arabulucuların rolleri, bu roller arasındaki farklar ve süreç içinde birbirlerini nasıl tamamladıkları aktarılacaktır.
Son olarak öğrencilerin, hem arabuluculuk süreci hem de diğer her türlü profesyonel faaliyetlerinde etkili ve verimli çalışmalarını sağlamak için son derece gerekli olan ve onları diğer profesyonellerden avantajlı kılacak, müzakere ve çözüm üretme tekniklerini anlamalarını da içeren önemli yeni beceriler kazanmalarına yönelik pratik çalışmalar ve arabuluculuk simülasyonları yapılacaktır.
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Program Outcomes and Competences |
Level |
Assessed by |
| 1) |
Thorough knowledge of the major concepts, theoretical perspectives, empirical findings, and historical trends in psychology. |
N |
|
| 2) |
Understanding of and ability to apply essential research methods in psychology, including research design, data analysis, and data interpretation. |
N |
|
| 3) |
Competence to use critical and creative thinking, skeptical inquiry and a scientific approach to solving problems related to behavior and mental processes. |
H |
Exam,HW,Participation
|
| 4) |
Understanding and ability to apply psychological principles, skills and values in personal, social, and organizational contexts. |
N |
|
| 5) |
Ability to weigh evidence, to tolerate ambiguity, and to reflect other values that underpin psychology as a discipline. |
N |
|
| 6) |
Internalization and dissemination of professional ethical standards. |
N |
|
| 7) |
Demonstration of competence in information technologies, and the ability to use computer and other technologies for purposes related to the pursuit of knowledge in psychology and the broader social sciences. |
N |
|
| 8) |
Skills to communicate the knowledge of psychological science effectively, in a variety of formats, in both Turkish and in English (in English, at least CEFR B2 level). |
N |
|
| 9) |
Recognition, understanding, and respect for the complexity of sociocultural and international diversity. |
S |
Participation
|
| 10) |
Recognition for the need for, and the skills to pursue, lifelong learning, inquiry, and self-improvement. |
S |
HW,Participation
|
| 11) |
Ability to formulate critical hypotheses based on psychological theory and literature, and design studies to test those hypotheses. |
N |
|
| 12) |
Ability to acquire knowledge independently, and to plan one’s own learning. |
S |
Exam,HW
|
| 13) |
Demonstration of advanced competence in the clarity and composition of written work and presentations. |
H |
Exam,HW
|
| Week |
Subject |
| 1) |
Introduction to mediation and to the other A.D.R. practices |
| 2) |
The Turkish mediation legal framework |
| 3) |
Foreign and international mediation legal frameworks; comparison |
| 4) |
The steps of a mediation process under Turkish law, the mediation and the settlement agreements (first part: what precedes a mediation day) |
| 5) |
The steps of a mediation process under Turkish law, the mediation and the settlement agreements (second part: how a mediation day evolves up to the dispute resolution) |
| 6) |
The role of the mediator under Turkish law |
| 7) |
The role of Lawyers in mediation under Turkish law |
| 8) |
Midterm exam |
| 9) |
Ethics issues for lawyers and mediators under Turkish law |
| 10) |
The skills displayed in a mediation process (first half: use of questions, active listening, summarizing) |
| 11) |
The skills displayed in a mediation process (second half: reframing, showing empathy, use of silence and grasping momentum) |
| 12) |
Psychological aspects of a mediation (character traits and group dynamics) |
| 13) |
The negotiation skills displayed in a mediation process (negotiation schools and styles, adaptation to the mediation context, brainstorming and creative solution generating) |
| 14) |
Practicing lawyers’ and mediator’ roles in an actual case simulation in groups |