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 |
ECTS Course Information Package
| School/Faculty/Institute | Faculty of Law | |||||
| Course Code | LAW 422 | |||||
| Course Title in English | Mediation Implementation in Turkey and Comparison with International Models | |||||
| Course Title in Turkish | Türkiye'de Arabuluculuk Uygulaması ve Uluslararası Modellerle Karşılaştırılması | |||||
| Language of Instruction | EN | |||||
| Type of Course | Lecture | |||||
| Level of Course | Select | |||||
| Semester | Spring | |||||
| Contact Hours per Week |
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| Estimated Student Workload | 94 hours per semester | |||||
| Number of Credits | 4 ECTS | |||||
| Grading Mode | Standard Letter Grade | |||||
| Pre-requisites | None | |||||
| Co-requisites | None | |||||
| Expected Prior Knowledge | Introduction to Civil Law and Law of Obligations | |||||
| 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 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. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understand what a mediation process is and its steps. 2) Analyze the legal framework for this process in Turkey and in the E.U., similarities and differences between them. 3) Evaluate the differences and the complementariness in the role of lawyers and mediators in the mediation process and identify why mediation is beneficial to lawyers’ everyday practice. 4) Outline the complementariness of mediation to the Turkish court dispute resolution system and the role of judges in the efficient use of mediation, as well as other examples from foreign jurisdictions. 5) Comprehend the skills that need to be developed by lawyers and mediators to efficiently operate in a mediation context (i.e. negotiation, brainstorming, empathy, active listening). 6) Assess the content of mediation and settlement agreements, which are necessary to the implementation of a mediation process and to the resolution of a dispute, the parameters related to their enforcement. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 |
|---|---|---|---|---|---|---|
| 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. | 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 |
| Prepared by and Date | ÇİĞDEM YAZICI , January 2024 |
| Course Coordinator | ÇİĞDEM YAZICI |
| Semester | Spring |
| Name of Instructor | Öğr. Gör. SPYROS ANTONELOS |
Course Contents
| 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 |
| Required/Recommended Readings | All course materials will be provided by the lecturer | ||||||||||||
| Teaching Methods | Flipped classroom, practical exercises and simulations | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
yazicic@mef.edu.tr Attendance rules: Attendance taken only during exams |
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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 | 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 | ||||||