| 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) |
The ability to recognize and apply basic principles and theories of law, legal
methodology, and interpretation methods. |
S |
Exam
|
| 2) |
The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. |
H |
Exam
|
| 3) |
The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. |
S |
Exam
|
| 4) |
The ability to internalize social, scientific and ethical values while evaluating legal information. |
H |
Exam
|
| 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. |
H |
Exam
|
| 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
|
| 7) |
The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. |
H |
Exam
|
| 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). |
S |
Exam
|
| 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. |
S |
Exam
|
| 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. |
S |
Exam
|
| 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 |
Information Package / Course Catalogue