Psychology
Bachelor	Length of the Programme: 4	Number of Credits: 240	TR-NQF-HE: Level 6	QF-EHEA: First Cycle	EQF: Level 6

Ders Genel Tanıtım Bilgileri

School/Faculty/Institute

Faculty of Law

Course Code

LAW 423

Course Title in English

Comparative ADR Practices in Europe, the U.S. and Turkey

Course Title in Turkish

Comparative ADR Practices in Europe, the U.S. and Turkey

Language of Instruction

Type of Course

Lecture

Level of Course

Select

Semester

Spring

Contact Hours per Week

Lecture: 2

Recitation:

Lab:

Other:

Estimated Student Workload

94 hours per semester

Number of Credits

4 ECTS

Grading Mode

Standard Letter Grade

Pre-requisites

None

Expected Prior Knowledge

Introduction to Civil Law and Law of Obligations

Co-requisites

None

Registration Restrictions

Undergraduate Students, Graduate Students and Erasmus Exchange Students

Overall Educational Objective

To gain an overall theoretical and practical understanding of the extrajudicial dispute resolution procedures called “Alternative Dispute Resolution (A.D.R.)”, such as mediation and conciliation as well as a comparison of their implementation in Europe (under the so-called “facilitative approach” in A.D.R.), in the U.S. (under the so-called “directive approach” and hybrid combinations of “facilitative” and “directive” approaches) and in Turkey. To understand which social and business needs have led to the birth of ADR internationally, in which way it is combined with the court system in the above areas of the World and which role is awarded to judges, lawyers, and ADR practitioners, such as mediators and conciliators, in this new and fast-developing field of extra-judicial dispute resolution.

Course Description

The course presents the birth of ADR in Antiquity, its continuity in the Middle Ages and in more recent tribal practices around the World. Then its reappearance in last century’s Australia, New Zealand and the US and its development to a reliable complementary to the court system dispute resolution system. It also focuses on the different way ADR has been adopted and implemented in Europe, the US and in Turkey, depending on local justice system needs and considerations. The last part focuses on the latest trends in ADR in Turkey and internationally.

Course Description in Turkish

Bu ders öncelikle Alternatif Uyuşmazlık Çözümünün eski çağda doğumu, Orta Çağda devamı ve daha yakın zamanda dünyanın farklı yerlerinde kabilelerde uygulanmasından bahsedip sonrasında mahkeme yoluyla uyuşmazlık çözümünü tamamlayıcı şekilde son yüzyılda Avustralya, Yeni Zelanda ve Birleşik Devletler de tekrar ortaya çıkışına değinir. Ayrıca Alternatif Uyuşmazlık Çözümünün yerel adalet sisteminin ihtiyaç ve etkenlerine bağlı olarak Avrupa, Birleşik Devletler ve Türkiye’de farklı biçimlerde benimsenmesi üzerinde odaklanır. Son bölümde ise Alternatif Uyuşmazlık Çözümünde hem Türkiye hem de uluslararası alanda son eğilimleri ele alır.

Course Learning Outcomes and Competences

Upon successful completion of the course, the learner is expected to be able to:
1) Understand the historical roots of mediation and conciliation in Europe and in other parts of the World.
2) Evaluate the reasons for ADR’s resurgence in the 18th century and onward.
3) Analyze the present legal framework for ADR processes in Turkey, in US States widely applying ADR, like California and in the E.U.
4) Outline are the similarities and differences between the above legal frameworks and which local considerations influence them.
5) Assess are the latest trends in ADR, that influence the implementation and the development of such processes internationally.
6) Comprehend in which way ADR processes are combined with the court system operation in the above countries.
7) Analyze the combined crucial role of lawyers, judges, mediators and conciliators in the above justice systems.

Program Learning Outcomes/Course Learning Outcomes	1	2	3	4	5	6	7
1) Thorough knowledge of the major concepts, theoretical perspectives, empirical findings, and historical trends in psychology.
2) Understanding of and ability to apply essential research methods in psychology, including research design, data analysis, and data interpretation.
3) Competence to use critical and creative thinking, skeptical inquiry and a scientific approach to solving problems related to behavior and mental processes.
4) Understanding and ability to apply psychological principles, skills and values in personal, social, and organizational contexts.
5) Ability to weigh evidence, to tolerate ambiguity, and to reflect other values that underpin psychology as a discipline.
6) Internalization and dissemination of professional ethical standards.
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.
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).
9) Recognition, understanding, and respect for the complexity of sociocultural and international diversity.
10) Recognition for the need for, and the skills to pursue, lifelong learning, inquiry, and self-improvement.
11) Ability to formulate critical hypotheses based on psychological theory and literature, and design studies to test those hypotheses.
12) Ability to acquire knowledge independently, and to plan one’s own learning.
13) Demonstration of advanced competence in the clarity and composition of written work and presentations.

Relation to Program Outcomes and Competences

N None	S Supportive	H Highly Related

	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

Prepared by and Date	ÇİĞDEM YAZICI , January 2024
Course Coordinator	ÇİĞDEM YAZICI
Semester	Spring
Name of Instructor

Course Contents

Week	Subject
1)	Introduction to Mediation and to the other A.D.R. practices
2)	The historical roots of ADR practices in Antiquity and the Middle Ages; why the precariously disappeared
3)	ADR resurgence in the 18th century in Australia, the US and New Zealand; tribal or other small community practices
4)	The US social movement of the 19th century and the need for a “multi-door courthouse”; the Roscoe Pound Conference and the roots of modern ADR; different tendencies resulting (legal mediation, community mediation and other ADR forms)
5)	The modern US ADR system and different approaches between States; emphasis on the Californian model
6)	The modern European ADR system; the Mediaton Directive and its influence on EU member state domestic justice systems
7)	The Turkish modern ADR system
8)	Midterm exam
9)	The importance of Judges role in the development of ADR systems; various foreign examples; judges as mediators or not?
10)	The importance of Lawyers in the development of ADR systems; are they and their clients benefiting from the coexistence of courts and ADR?
11)	The role reserved for Judges and Lawyers in the Turkish ADR system
12)	How ADR and the court system benefit from the presence and efficient operation of each-other; practical examples.
13)	How to choose between ADR and court dispute resolution? If ADR is to be chosen, which ADR process to choose (Mediation, Conciliation or other) and how? Examining the criteria used internationally to make such choices. Practical examples.
14)	Finals

Required/Recommended Readings

All course materials will be provided by the lecturer

Teaching Methods

Flipped classroom and practical exercises

Homework and Projects

Laboratory Work

Computer Use

Other Activities

Assessment Methods

Assessment Tools	Count	Weight
Midterm(s)	1	% 40
Final Examination	1	% 60
TOTAL		% 100

Course Administration

yazicic@mef.edu.tr

Attendance rules: Attendance taken only during exams

ECTS Student Workload Estimation

Activity	No/Weeks	Hours			Calculation
	No/Weeks per Semester	Preparing for the Activity	Spent in the Activity Itself	Completing the Activity Requirements
Course Hours	14	2	2	1	70
Laboratory	14	0			0
Midterm(s)	1	10	2		12
Final Examination	1	10	2		12
Total Workload					94
Total Workload/25					3.8
ECTS					4