Justice
Associate TR-NQF-HE: Level 5 QF-EHEA: Short Cycle EQF-LLL: Level 5

Course Introduction and Application Information

Course Code: ADA019
Course Name: Admission and Arbitration
Semester: Fall
Course Credits:
ECTS
3
Language of instruction: Turkish
Course Condition:
Does the Course Require Work Experience?: No
Type of course: Departmental Elective
Course Level:
Associate TR-NQF-HE:5. Master`s Degree QF-EHEA:Short Cycle EQF-LLL:5. Master`s Degree
Mode of Delivery: Face to face
Course Coordinator: Öğr. Gör. VEHBİ DOĞAN
Course Lecturer(s): ÖĞ.GÖR.VEHBİ DOĞAN
Course Assistants:

Course Objective and Content

Course Objectives: It is aimed to teach the structure and application of mediation in our country, the mediation process, compulsory-voluntary mediation distinction and what arbitration is, and the procedures and practices of internal arbitration applied in our country.
Course Content: What the mediation system is, its implementation in our country, its organization and compulsory and optional mediation are covered within the scope of the course. The issue of arbitration is discussed in general and the procedures and practices of internal arbitration are mainly explained.

Learning Outcomes

The students who have succeeded in this course;
1) Comprehends the difference between dispute resolution methods.
2) Gain general information about mediation.
3) Learns the mediation structure, process and compulsory-voluntary mediation practices in our country.
4) Knows what arbitration is in general
5) Learns the procedures and practices of internal arbitration.

Course Flow Plan

Week Subject Related Preparation
1) Dispute and Dispute Resolution Methods
2) General Information about Mediation (What is mediation? Sources of mediation, History of mediation, Areas available for mediation, Basic principles of Mediation, types of mediation)
3) Mediation Structure in Our Country (organisation, training, mediation record, mediator's rights and obligations)
4) Mediation process and stages (Preparation Stage-Initial Stage)
5) Mediation process and stages (Examination/Research stage-Negotiation stage-Conclusion)
6) Mandatory Mediation - General Principles
7) Mandatory Mediation - Special Principles (A brief overview of Mediation in Labor Law Disputes, Commercial Disputes and Consumer Disputes)
8) FİNAL EXAM
9) General Information About Arbitration
10) Arbitration Agreement
11) Arbitrators and Arbitrator Agreement
12) Arbitration Procedure
13) Arbitrary Decisions and Legal Action Against Arbitrator Decisions
14) An overview
15) FİNAL EXAM

Sources

Course Notes / Textbooks: Ders Notları
References: Pof. Dr. Ömer EKMEKÇİ, Prof.Dr.Muhammet ÖZEKES, Prof.Dr.Murat ATALI, Prof.Dr.Vural SEVEN Hukuk Uyuşmazlıklarında Arabuluculuk, Oniki Levha Yayınları, 2019
https://adb.adalet.gov.tr/arabuluculukkatilimcielkitabi.pdf
Prof.Dr. Nuray EKŞİ, Hukuk Muhakemeleri Kanunda Tahkim, Beta Yayınları, 2019
Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu, Hukuk Muhakemeleri Kanunu,
İzzet KARADAŞ, Ulusal Tahkim, Adelet Yayınevi

Course - Program Learning Outcome Relationship

Course Learning Outcomes

1

2

3

4

5

Program Outcomes
1) Has the ability to understand, comprehend and use what he / she reads as the basic legal concepts. 3 1
2) Has knowledge about the main differences and consequences of private law and public law. 3 3 2
3) Learns the analytical thinking method and has the ability to compare and use legal concepts. 2 3 3
4) Gains the ability to use theoretical knowledge in practical application through case studies. 2 3 3
5) Comprehensive knowledge of the structure and functioning of the judiciary can be done in order to determine the authorities in which legal problems can be solved. 1 3 3
6) Has the ability to access and use the information sources of the law effectively and has the ability of self-improvement in the vocational field by adapting to the changes. 1 3 3
7) Have comprehensive knowledge and skills about information technologies required by judicial mechanism. 1 3 3
8) To be able to have knowledge about the structure, duties and functioning of the state organization and follow the necessary legislation. 3 3 3
9) Have comprehensive knowledge about the individual's rights and obligations arising from the domestic law as well as the international law and is capable of reflecting this knowledge to the practical application. 1 3 3
10) Express the legal knowledge effectively both in written and oral form in accordance with the requirements of the profession. 1 3 3
11) It uses information and communication technologies together with computer software at the basic level of at least European Computer use license required by the field. 1 3 3
12) Has knowledge about pen legislation and can use forensic correspondence by using a quick keyboard. 1 3 3
13) Have knowledge about the specific rules and professional ethics of the professions in the field of law and have the competence to apply them to his / her profession. 1 3 3
14) He / She assimilates the structure and rules of the Turkish language and is competent to apply this knowledge to the accepted standards of legal texts. 3 3 3 3 3
15) He / she follows developments in his / her field and communicates with his / her colleagues at the A2 level in terms of European Language Portfolio criterion according to education level. 3 3 3 3 3

Course - Learning Outcome Relationship

No Effect 1 Lowest 2 Average 3 Highest
       
Program Outcomes Level of Contribution
1) Has the ability to understand, comprehend and use what he / she reads as the basic legal concepts. 1
2) Has knowledge about the main differences and consequences of private law and public law. 1
3) Learns the analytical thinking method and has the ability to compare and use legal concepts. 2
4) Gains the ability to use theoretical knowledge in practical application through case studies. 3
5) Comprehensive knowledge of the structure and functioning of the judiciary can be done in order to determine the authorities in which legal problems can be solved. 1
6) Has the ability to access and use the information sources of the law effectively and has the ability of self-improvement in the vocational field by adapting to the changes. 1
7) Have comprehensive knowledge and skills about information technologies required by judicial mechanism. 1
8) To be able to have knowledge about the structure, duties and functioning of the state organization and follow the necessary legislation. 2
9) Have comprehensive knowledge about the individual's rights and obligations arising from the domestic law as well as the international law and is capable of reflecting this knowledge to the practical application. 1
10) Express the legal knowledge effectively both in written and oral form in accordance with the requirements of the profession.
11) It uses information and communication technologies together with computer software at the basic level of at least European Computer use license required by the field.
12) Has knowledge about pen legislation and can use forensic correspondence by using a quick keyboard.
13) Have knowledge about the specific rules and professional ethics of the professions in the field of law and have the competence to apply them to his / her profession. 1
14) He / She assimilates the structure and rules of the Turkish language and is competent to apply this knowledge to the accepted standards of legal texts.
15) He / she follows developments in his / her field and communicates with his / her colleagues at the A2 level in terms of European Language Portfolio criterion according to education level.

Assessment & Grading

Semester Requirements Number of Activities Level of Contribution
Midterms 1 % 40
Final 1 % 60
total % 100
PERCENTAGE OF SEMESTER WORK % 40
PERCENTAGE OF FINAL WORK % 60
total % 100

Workload and ECTS Credit Calculation

Activities Number of Activities Preparation for the Activity Spent for the Activity Itself Completing the Activity Requirements Workload
Course Hours 14 1 2 42
Study Hours Out of Class 14 0 1 14
Midterms 1 7 1 8
Final 1 10 1 11
Total Workload 75