Alternative Dispute Resolution(HUK421)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK421 | Alternative Dispute Resolution | 7 | 2 | 0 | 0 | 2 | 2 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Nur BOLAYIR nurbolayir@yahoo.com (Email) Onat Kaan GÜZELCE okguzelce@gsu.edu.tr (Email) |
| Assistant | |
| Objective | The objective of the course is to teach ways to resolve disputes amicably. Among the objectives of the course is that the student learns alternative methods of dispute resolution, their particularities, their positive aspects and the possible risks in relation to the resolution of the dispute before state courts. |
| Content |
Concept of alternative dispute resolution Aim of alternative dispute resolution Litigation concerning alternative dispute resolution Methods of alternative dispute resolution Alternative dispute resolution in Turkish law Concept of conciliation Concept of mediation Positives aspects of mediation Application of mediation such as an alternative dispute resolution Juridical qualification of mediation Activity and process of mediation Juridical aspect of contract drafted at the and of process of mediation Mediation in the comparative law Mediation in the international texts |
| Course Learning Outcomes |
Students who successfully complete this course have the following competencies: - Understands the objectives specified in the course objective section and understands the principles of alternative dispute resolution. - Explains the concept of alternative dispute resolution. - Distinguishes the different and similar aspects of alternative dispute resolution methods. - Analyzes the concept of mediation and the advantages and disadvantages of mediation. - Explains how the mediation process is carried out in the context of Turkish law. Learns international texts on mediation and their application scenarios. |
| Teaching and Learning Methods | oral |
| References |
Hakan Pekcanıtez/Oğuz Atalay/Muhammet Özekes, Medenî Usûl Hukuku Ders Kitabı, 10.Bası, İstanbul 2022. Mustafa Serdar Özbek, Alternatif Uyuşmazlık Çözümü Cilt, 5 Baskı, Ankara 2022. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Concept of alternative dispute resolution |
| 2 | Aim of alternative dispute resolution |
| 3 | Litigation concerning alternative dispute resolution |
| 4 | Methods of alternative dispute resolution |
| 5 | Alternative dispute resolution in Turkish law |
| 6 | Concept of conciliation |
| 7 | Concept of mediation |
| 8 | Positives aspects of mediation |
| 9 | Application of mediation such as an alternative dispute resolution |
| 10 | Juridical qualification of mediation |
| 11 | Activity and process of mediation |
| 12 | Juridical aspect of contract drafted at the and of process of mediation |
| 13 | Mediation in the comparative law |
| 14 | Mediation in the international texts |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Toplam | 2 | 100 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 1 | 0 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 0 | 0 |
| Project | 0 | 0 |
| Laboratory | 0 | 0 |
| Other Applications | 0 | 0 |
| Quiz | 0 | 0 |
| Term Paper/ Project | 0 | 0 |
| Portfolio Study | 0 | 0 |
| Reports | 0 | 0 |
| Learning Diary | 0 | 0 |
| Thesis/ Project | 0 | 0 |
| Seminar | 0 | 0 |
| Other | 0 | 0 |
| Toplam | 1 | 0 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing fundamental legal concepts, defining, interpreting and using them. | X | ||||
| 2 | Recognizing fundamental disciplines of law and their content, including legislation, case-law and the doctrine in the relevant discipline. | X | ||||
| 3 | Recognizing positive norms in the legislation and being able to define and explain the principals of methodology. | X | ||||
| 4 | Being able to determine, identify and restate legal problems. | X | ||||
| 5 | Being able to use legal interpretation principals in an efficient manner in order to analyse and resolve a legal problem and in order to develop a strategy. | X | ||||
| 6 | Being able to conduct academic researches on legal problems and to propose solutions. | X | ||||
| 7 | Assuming responsibility individually or collectively for resolving complicated legal problems. | X | ||||
| 8 | Being able to criticise positive norms of the law system. | X | ||||
| 9 | Being able to explain technical legal knowledge in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner. | X | ||||
| 10 | Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals. | X | ||||
| 11 | Being able to conduct comparative academic researches between different law systems. | X | ||||
| 12 | Respecting human rights and universal principals and notions of law. | X | ||||
| 13 | Respecting the ethical standarts, good faith, fairness and equity principals. | X | ||||
| 14 | Being sensitive to social problems, democracy, laicism and rule of law principal. | X | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 14 | 1 | 14 |
| Presentation | 2 | 1 | 2 |
| Midterm Examinations (including preparation) | 1 | 1 | 1 |
| Final Examinations (including preparation) | 1 | 2 | 2 |
| Total Workload | 47 | ||
| Total Workload / 25 | 1.88 | ||
| Credits ECTS | 2 | ||