Mediation in civil disputes(EHYL-378)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| EHYL-378 | Mediation in civil disputes | 1 | 3 | 0 | 0 | 3 | 6 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Masters Degree |
| Course Instructor(s) | Nur BOLAYIR nurbolayir@yahoo.com (Email) |
| Assistant | |
| Objective |
The aim of this course is to teach out-of-court solutions at an expert level in resolving private law disputes, and to discuss current problems and solution proposals on the subject. In this context, the objectives of the course are to examine alternative dispute resolution methods, to understand mediation in all its stages, to discuss the concept of compulsory mediation, to be aware of the relevant Supreme Court jurisprudence and to analyze them effectively. Apart from this, this course enables the student to develop and deepen their knowledge of the concepts and institutions or methods related to mediation; It is aimed for the student to understand and make connections between mediation and fundamental rights and freedoms, and to use the knowledge gained in this field in the analysis of issues and problems related to legal theory and practice. |
| Content |
Historical development of role of the parties and the judge in the administration of proofs in civil jurisdiction the relationship between the administration of proofs and proving activity Relation with basic concepts of civil procedure law Relation with dominant principles of civil procedure law Determination the time of presentation of evidence Relation with concentration principle Bill Duty to cooperate in the taking of evidence Oath Judgement Witness Expert Discovery Other related topics |
| Course Learning Outcomes | Students who complete this course will learn mediation, one of the out-of-court dispute resolution methods, within the framework of current court precedents and new regulations, and will have in-depth knowledge of the discussions and doctrinal views on the subject. |
| Teaching and Learning Methods | Oral |
| References |
Pekcanıtez Hakan/Özekes Muhammet/Akkan Mine/Taş Korkmaz Hülya (Editörler), Pekcanıtez Usûl Medenî Usûl Hukuku, 15. Bası, İstanbul 2017. Kuru Baki, İstinaf Sistemine Göre Yazılmış Medenî Usûl Hukuku Ders Kitabı, İstanbul 2017. Bolayır Nur, Hukuk Yargılamasında Delillerin Toplanmasında Tarafların ve Hâkimin Rolü, İstanbul 2014. Teomete Yalabık Fulya, İngiliz ve Amerikan Hukuklarında Vakıaların Getirilmesi ile Delillerin Toplanmasında Hakimin Rolü ve Türk Hukuku Bakımından Değerlendirilmesi, İstanbul 2016 Arslan Aziz Serkan, 6100 Sayılı Hukuk Muhakemeleri Kanunu Çerçevesinde Medeni Usul Hukukunda Delillerin Toplanması ve Doğrudanlık İlkesi, Ankara 2012. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Concept of Alternative Dispute Resolution |
| 2 | Objective of Alternative Dispute Resolution |
| 3 | Disputes that can be resolved by alternative methods |
| 4 | Alternative Dispute Resolution Methods |
| 5 | Alternative Dispute Resolution in Turkish Law |
| 6 | Concept of Reconciliation |
| 7 | Notion of Mediation |
| 8 | Positive Aspects of Mediation |
| 9 | Application of Mediation as a Dispute Resolution Method |
| 10 | Legal Infrastructure on Mediation |
| 11 | Principles Governing Mediation |
| 12 | Mediation Activity and Process |
| 13 | Legal Nature of the Agreement Reached as a Result of Mediation |
| 14 | Mandatory Mediation |
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 | 0 | 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 | 0 | 0 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing positive norms in economic law and being able to define and explain the principals of methodology, | X | ||||
| 2 | Being able to determine, identify and restate legal problems, | X | ||||
| 3 | Being able to use legal interpretation principals in an efficient manner in order to analyze and resolve a legal problem and in order to develop a strategy, | X | ||||
| 4 | Being able to conduct academic researches on legal problems and to propose solutions, | X | ||||
| 5 | Assuming responsibility individually or collectively for resolving complicated legal problems, | X | ||||
| 6 | Being able to criticise positive norms of the law system, | X | ||||
| 7 | Being able to explain technical legal knowledge in economic law 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 | ||||
| 8 | 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 | ||||
| 9 | Being able to conduct comparative academic researches between different law systems, | X | ||||
| 10 | Being able to explain and utilize academic study methodologies in order to conduct academic research on a certain legal problem. | X | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 14 | 6 | 84 |
| Assignments | 0 | 0 | 0 |
| Presentation | 2 | 20 | 40 |
| Midterm Examinations (including preparation) | 1 | 10 | 10 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 10 | 10 |
| Quiz | 0 | 0 | 0 |
| Term Paper/ Project | 0 | 0 | 0 |
| Portfolio Study | 0 | 0 | 0 |
| Reports | 0 | 0 | 0 |
| Learning Diary | 0 | 0 | 0 |
| Thesis/ Project | 0 | 0 | 0 |
| Seminar | 0 | 0 | 0 |
| Other | 0 | 0 | 0 |
| Make-up | 0 | 0 | 0 |
| Yıl Sonu | 0 | 0 | 0 |
| Hazırlık Yıl Sonu | 0 | 0 | 0 |
| Hazırlık Bütünleme | 0 | 0 | 0 |
| Total Workload | 172 | ||
| Total Workload / 25 | 6.88 | ||
| Credits ECTS | 7 | ||