COURSE INTRODUCTION AND APPLICATION INFORMATION


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Course Name
Alternative Dispute Resolution Methods
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
LAW 463
Fall/Spring
3
0
3
3
Prerequisites
None
Course Language
English
Course Type
Elective
Course Level
First Cycle
Course Coordinator
Course Lecturer(s)
Assistant(s)
Course Objectives The aim of this course is to teach the principals of the alternative dispute resolution to students.
Learning Outcomes The students who succeeded in this course;
  • Will be able to evaluate the concept and purpose of the alternative dispute resolution.
  • Will be able to decide on alternative dispute resolution methods within the framework of the respective legislation.
  • Will be able to analyze the concept and process of mediation.
  • Will be able to decide on the disputes arisen during the arbitration procedure.
  • Will be able to analyze the arbitration process in terms of commercial disputes.
  • Will be able to decide on the appeal methods for arbitration awards.
Course Content The content of this course comprises alternative dispute resolution systems, conciliation, mediation, arbitration and main principles of arbitration.

 



Course Category

Core Courses
Major Area Courses
Supportive Courses
X
Media and Managment Skills Courses
Transferable Skill Courses

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Related Preparation
1 Notion of Alternative Dispute Resolution and Basic Principles Bölten, p. 31-38.
2 Characteristics and Types of Alternative Dispute Resolution Methods, Advantages and Disadvantages Bölten, p. 38-42.
3 Alternative Dispute Resolution Methods in Comparative Law and Turkish Law Ware, p. 1-15.
4 Conciliation in General, Basic Principles, Functioning and Characteristics of Conciliation Bölten, p. 62-68.
5 Mediation in General and Basic Principles of Mediation Bölten, p. 62-68.
6 Functioning and Characteristics of Mediation, Advantages and Disadvantages of Mediation Bölten, p. 68-79.
7 Midterm Exam
8 Arbitration in General, Sources of Arbitration Law, Legal Characteristics of Arbitration Bölten, p. 79-83.
9 Arbitrability, Arbitration Contract and Validity of the Contract Bölten, p. 88-100; Akıncı, p. 45-58.
10 Selection and Responsibilities of Arbitrators Akıncı, p. 67-81.
11 Arbitration Proceedings, End of the Arbitration Proceedings Akıncı, p. 99-128.
12 Remedies against Judgment of Arbitration Akıncı, p. 149-169.
13 Recognition and Enforcement of Arbitror Award Akıncı, p. 169-179.
14 Arbitration Regarding Investments, ICSID Court Akıncı, p. 203-240.
15 Review of the Semester
16 Final Exam
Course Textbooks Ziya Akıncı, Arbitration Law of Turkey: Practice and Procedure, LLC, 2011; Kerim Bölten, Dispute Resolution Mechanisms in Merger and Acquisition Transactions, İstanbul, 2016.
References Stephen J. Ware, Alternative Dispute Resolution, St. Paul, 2007; Kimberlee K. Kovach, Mediation, Principles and Practice, St. Paul, 2004; Stephen B. Goldberg, Frank E. A. Sander, Nancy H. Rogers, Sarah Rudolph Cole, Dispute Resolution: Negotiation, Mediation and Other Processes, NY, 2003.

 

EVALUATION SYSTEM

Semester Requirements Number Percentage
Participation
1
10
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Homework / Assignments
1
20
Presentation / Jury
Project
Seminar / Workshop
Portfolios
Midterms / Oral Exams
1
30
Final / Oral Exam
1
40
Total

Contribution of Semester Work to Final Grade
1
60
Contribution of Final Work to Final Grade
1
40
Total

ECTS / WORKLOAD TABLE

Activities Number Duration (Hours) Workload
Course Hours
Including exam week: 16 x total hours
16
3
48
Laboratory / Application Hours
Including exam week: 16 x total hours
16
Study Hours Out of Class
6
2
Field Work
Quizzes / Studio Critiques
Homework / Assignments
1
10
Presentation / Jury
Project
Seminar / Workshop
Portfolios
Midterms / Oral Exams
1
10
Final / Oral Exam
1
10
    Total
90

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Qualifications / Outcomes
* Level of Contribution
1
2
3
4
5
1 To solve problems, to have analytical and holistic viewpoint and to develop strategic thinking as a principle in the field of law X
2 It is aimed to graduate students whom are able to critique what they have already learn in the field of law, adopting lifelong learning and continuously developing themselves X
3 It is aimed to graduate students whom are able to analyze and interpret their academic knowledge and express their solutions regarding legal problems both oral and written X
4 It is aimed to graduate students whom are able to understand the legal concepts and ideas in both national and multinational settings and practice cross disciplinary and comparative analysis X
5 To be aware of principles of social, occupational, and legal ethics X
6 To create solutions with creative and innovative motives when coming across with unexpected legal situations, and be able to apply the academic gain during new and unconventional occasions X
7 Acquiring leadership qualifications and applying them successfully X
8 Working efficiently and effectively, learning how to be a team member, taking responsibilities, being open minded, constructive, vulnerable to criticism and having self confidence X
9 To be able to reach the latest scientific resources, court decisions and other sources of law and be able to transfer the academic knowledge to real life with both national and international thinking X
10 To know and act according to the social, scientific and ethical values under any circumstances such as data collection, interpretation, announcing and practicing regarding legal, social and political progress X
11 To be able to use a foreign language as fluent as possible for both pursuing the legal information and court decisions and developing proper communication with colleagues from other countries, ("European Language Portfolio Global Scale", Level B1) X
12 Above average in both written and spoken of a second foreign language X
13 Able to use computer programs and technology to an adequate level required by the field of law ("European Computer Driving License", Advanced Level") X

*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest