COURSE INTRODUCTION AND APPLICATION INFORMATION


Course Name
Alternative Dispute Resolution Methods
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
HUK 462
Fall/Spring
3
0
3
4
Prerequisites
None
Course Language
Turkish
Course Type
Elective
Course Level
First Cycle
Mode of Delivery -
Teaching Methods and Techniques of the Course
Course Coordinator -
Course Lecturer(s) -
Assistant(s) -
Course Objectives The objective of this course is to have knowledge about the types, purposes, advantages and disadvantages of alternative dispute resolution methods.
Learning Outcomes The students who succeeded in this course;
  • The students who succeeded in this course; • Can describe the legal notion of dispute.
  • Can explain alternative dispute resolution methods.
  • Can discuss current affairs about alternative dispute resolution methods.
  • Can explain basic principles of international commercial arbitration and functioning of arbitration courts.
  • Can describe knowledge about arbitration awards.
  • Can explain the recognition and enforcement of foreign arbitration awards
Course Description Alternative dispute resolution management, definition, traditional and modern dispute resolution systems, conciliation, mediation, arbitration, mixed systems, their usage in Turkey and other countries, comparing procedural law system in aspect of ADRM systems. ADRM in Turkish law, types of ADRM, draft ADRM law.

 



Course Category

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

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Required Materials
1 Notions of conflict and dispute
2 Basic principles, characteristics and types of alternative dispute resolution methods
3 Alternative dispute resolution methods in comparative law and Turkish Law
4 Arbitration in general, basic principles, functioning and characteristics
5 Reconciliation in general, basic principles, functioning and characteristics
6 Referee arbitration in general, contract of referee arbitration, rights and duties of referee, expert opinion
7 Midterm exam
8 Arbitration in general, sources of arbitration law, legal characteristics of arbitration
9 Arbitration contract, form and validity of the contract
10 The independency of the arbitration contract
11 Arbitror, assignment of arbitror
12 Judgment of arbitration, remedies against
13 Recognition and enforcement of arbitror award
14 Code no. 4051, arbitration regarding investments, ICSID Court
15 Review of the Semester
16 Final exam
Course Notes/Textbooks Ali Yeşilırmak: Doğrudan Görüşme, Arabuluculuk, Hakem Bilirkişilik ve Tahkim, On İki Levha Yayınları, İstanbul, 2011.
Suggested Readings/Materials Mustafa Özbek: Alternatif Uyuşmazlık Çözümü, Yetkin Yayınları, Ankara, 2009.

 

EVALUATION SYSTEM

Semester Activities Number Weigthing
Participation
Laboratory / Application
Field Work
Quizzes / Studio Critiques
1
20
Portfolio
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Oral Exam
Midterm
1
30
Final Exam
1
50
Total

Weighting of Semester Activities on the Final Grade
2
50
Weighting of End-of-Semester Activities on the Final Grade
1
50
Total

ECTS / WORKLOAD TABLE

Semester 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
16
2
32
Field Work
Quizzes / Studio Critiques
1
12
Portfolio
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Oral Exam
Midterms
1
10
Final Exams
1
10
    Total
112

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Competencies/Outcomes
* Contribution Level
1
2
3
4
5
1

To be able to possess the knowledge in legal terminology, concepts and principles.

X
2

To be able to solve the legal problems with an analytic and integral point of view.

X
3

To be able to evaluate the legal knowledge and abilities obtained with a critical approach.

X
4

To be able to evaluate the developments in legal theory and practice by monitoring local, international and interdisciplinary dimensions.

X
5

To be able to have awareness of social, professional and scientific principles of ethic behaviour.

X
6

To be able to take responsibility in solving problems by creative and innovative thinking.

X
7

To be able to interpret the legal norms with a sense of justice respectful to human rights and in the light of principles of democratic, secular and social state of law.

X
8

Working efficiently and effectively, learning how to be a team member, taking responsibilities, being open minded, constructive, open to criticism and having self confidence

X
9

To be able to use the daily scientific sources and court judgments in the framework of life time learning approach.

X
10

To be able to inform the related persons and institutions about legal matters both verbally and in written.

11

To be able to monitor the daily legal information/court decisions and interacts with the colleagues in a foreign language (“European Language Portfolio Global Scale” Level B1) .

12

To be able to use the information and communication technology together with the computer programs in a level required by the area of law (“European Computer Driving Licence, Advanced Level”).

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