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 | 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 | EN | ||||||
| Type of Course | Lecture | ||||||
| Level of Course | Seçiniz | ||||||
| Semester | Spring | ||||||
| Contact Hours per Week |
|
||||||
| 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 CompetencesUpon 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) 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. | S | 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. | S | Exam |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | H | Exam |
| 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 |
|
||||||||||||
| 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 | ||||||