Information Package / Course Catalogue
| Law | |||||
| 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 | HUK 332 | ||||
| Course Title in English | Alternative Dispute Resolution | ||||
| Course Title in Turkish | Alternatif Uyuşmazlık Çözüm Yöntemleri | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Seçiniz | ||||
| Semester | Spring,Fall | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 55 hours per semester | ||||
| Number of Credits | 2 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | Civil Procedure Law I | ||||
| Co-requisites | None | ||||
| Registration Restrictions | Only Undergraduate Students | ||||
| Overall Educational Objective | To provide students with basic knowledge of alternative dispute resolution methods. | ||||
| Course Description | This course will provide the basic knowledge of the advantages and disadvantages of the most common alternative dispute resolutions such as mediation, conciliation, etc. | ||||
| Course Description in Turkish | En çok uygulama alanı bulan arabuluculuk, uzlaştırma gibi alternatif uyuşmazlık çözüm yöntemlerinin avantajları ve dezavantajları hakkında temel bilgilerin edinilmesi. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understand the aims and types of alternative dispute resolution. 2) Identify the positive and negative aspects of alternative dispute resolution methods as compared to arbitration and litigation. 3) Follows the legislative movements in the acquis of the European Union and the Anglo-American legal systems regarding alternative dispute resolution methods. 4) Knows the regulations on alternative dispute resolution methods in the Turkish legal system. 5) Identifies the disputes that are suitable to be resolved by alternative dispute resolution methods. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|---|
| 1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | |||||
| 2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | |||||
| 3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | |||||
| 4) The ability to internalize social, scientific and ethical values while evaluating legal information. | |||||
| 5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | |||||
| 6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | |||||
| 7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | |||||
| 8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | |||||
| 9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | |||||
| 10) Adoption of a positive approach to the concept of lifelong learning. | |||||
| 11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | |||||
| 12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
Relation to Program Outcomes and Competences
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | N | |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | H | Exam,Presentation |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | H | Exam,Presentation |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | N | |
| 5) | The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | S | Exam,Presentation |
| 6) | The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | H | Exam,Presentation |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | N | |
| 8) | The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | N | |
| 9) | The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | N | |
| 10) | Adoption of a positive approach to the concept of lifelong learning. | N | |
| 11) | The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | N | |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | N |
| Prepared by and Date | ÇİĞDEM YAZICI , January 2024 |
| Course Coordinator | ÇİĞDEM YAZICI |
| Semester | Spring,Fall |
| Name of Instructor | Assoc. Prof. Dr. ÇİĞDEM YAZICI |
Course Contents
| Week | Subject |
| 1) | General concept, purpose and definition of ADR |
| 2) | General information about alternative dispute types and distribution of homework topics |
| 3) | Researching and gathering resources for the preparation of assignments |
| 4) | Researching and gathering resources for the preparation of assignments |
| 5) | Researching and gathering resources for the preparation of assignments |
| 6) | Sending prepared assignments by e-mail |
| 7) | Sending prepared assignments by e-mail |
| 8) | Arbitration proceedings in accordance with the provisions of the Code of Civil Procedure |
| 9) | Arbitration under the provisions of the International Arbitration Act |
| 10) | Optional mediation according to Turkish law |
| 11) | Disputes subject to mediation as a condition of litigation under Turkish law and evaluation of judicial decisions on the subject |
| 12) | The mediation authority of the lawyer regulated by the Lawyer's Act. |
| 13) | Functions and duties of the Consumer Arbitration Board |
| 14) | Ombudsman and its functioning |
| Required/Recommended Readings | Relevant parts of Civil Procedural Law Textbooks Hukuk Uyuşmazlıklarında Arabuluculuk - Murat Atalı, Ömer Ekmekçi, Muhammet Özekes, Vural Seven, Oniki Levha Yayıncılık, 2019. | ||||||||||||
| Teaching Methods | Homework presentation | ||||||||||||
| Homework and Projects | Presentations of homework assignments will be 40% and final exam will be 60% effective in determining the final grade. In order to pass the course, at least 50% of the final exam must be successful. | ||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
yazicic@mef.edu.tr |
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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 | 7 | 1 | 3 | 1 | 35 | ||
| Presentations / Seminar | 1 | 0 | 0 | ||||
| Midterm(s) | 2 | 5 | 1 | 12 | |||
| Final Examination | 1 | 7 | 1 | 8 | |||
| Total Workload | 55 | ||||||
| Total Workload/25 | 2.2 | ||||||
| ECTS | 2 | ||||||