Law
Bachelor	TR-NQF-HE: Level 6	QF-EHEA: First Cycle	EQF-LLL: Level 6

General course introduction information

Course Code:

HUK429

Course Name:

Alternative Dispute Resolution

Course Semester:

Fall

Course Credits:

Theoretical	Practical	Credit	ECTS
4	0	4	3

Language of instruction:

Course Requisites:

Does the Course Require Work Experience?:

Type of course:

Department Elective

Course Level:

Bachelor

TR-NQF-HE:6. Master`s Degree

QF-EHEA:First Cycle

EQF-LLL:6. Master`s Degree

Mode of Delivery:

Face to face

Course Coordinator :

Prof. Dr. BAHAR CEYDA SÜRAL EFEÇINAR

Course Lecturer(s):

Course Assistants:

Course Objective and Content

Course Objectives:

In this course, it is mainly aimed to deal with the concept of alternative dispute resolution, mediation, the basic principles of mediation, the mediation process and the legal effect of the agreements reached at the end of this process, international arbitration, mediation as cause of action, arbitration agreement, arbitrability, assistance of the courts to arbitration, appointment of arbitrators, arbitration procedure, evidence, execution of the arbitral award.

Course Content:

1- Basic information about mediation.
2- Mediation process.
3- The areas where mediation is compulsory and the controversial issues related to it.
4- Basic information on international arbitration law.
5- Arbitration agreement.
6- The concept of arbitrability.
7- Annulment and execution of the arbitrator's decision.
8- Recognition and enforcement of foreign arbitral awards.

Learning Outcomes

The students who have succeeded in this course;

Learning Outcomes

1 - Knowledge
Theoretical - Conceptual
1) Students who successfully complete this course; 1- Has basic information about mediation.
2) Learns the mediation process.
3) Learns the areas where mediation is compulsory and the controversial issues related to it.
4) Have basic knowledge of international arbitration law.
5) Recognize the arbitration agreement.
6) Learns the concept of arbitrability.
7) Learns the annulment and execution of the arbitrator's decision.
8) Learns the recognition and enforcement of foreign arbitrator's decisions.
2 - Skills
Cognitive - Practical
3 - Competences
Communication and Social Competence
Learning Competence
Field Specific Competence
Competence to Work Independently and Take Responsibility

Lesson Plan

Week	Subject	Related Preparation
1)	Introduction of the course and method Examination of syllabus Introduction to alternative dispute resolution Reading the next week's topics from the book	Reading textbook.
2)	Conflict as a concept Negotiation Other ADR Methods Dispute and alternative dispute resolution methods Discussion and Q&A	Reading textbook.
3)	Mediation Basic Principles of Mediation Institutional Infrastructure Areas Available for Mediation Mediator Agreement Basic information about mediation Discussion and Q&A	Reading textbook.
4)	Mediators Mediation process Discussion and Q&A	Reading textbook.
5)	End of Mediation Agreement Reached at the End of the Mediation Process Mediation Expenses End of mediation Discussion and Q&A	Reading the textbook.
6)	Mediation as a condition of litigation Mandatory mediation in commercial cases involving foreign elements Mandatory mediation in commercial cases Homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for its presentation.
7)	The effects of mandatory provisions in labor law on compulsory mediation Consequences of compulsory mediation in terms of enforcement law Mandatory mediation in labor law Homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for its presentation.
8)	Mandatory mediation in consumer law Homework presentation and preparation for the presentation.	Reading the textbook. Doing homework and preparing for its presentation.
9)	Concept of Arbitration Types of arbitration Introduction to arbitration law Discussion and Q&A Preparing for homework presentations homework presentation	Reading the textbook. Doing homework and preparing for its presentation.
10)	Arbitration institutions Sectoral arbitration institutions Institutional arbitration homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for its presentation.
11)	The material validity conditions of the arbitration agreement Form of arbitration agreement Ability to conclude an arbitration agreement Arbitration agreement Discussion and Q&A Homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for the presentation.
12)	Applicable law to the validity of the arbitration agreement Conclusion of the arbitration agreement through a representative Arbitration agreement Homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for the presentation.
13)	Med-Arb Arbitration agreements in a foreign language arbitration agreement homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for the presentation.
14)	Appointment of arbitrators Obligations of arbitrators Arbitrators Discussion and Q&A Homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for the presentation.
15)	Mid-term exam.	Reading the textbook.
16)	Liability of the referees Homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for the presentation.
17)	Arbitrability Discussion and Q&A	Reading the textbook.
18)	Some legal disputes that are controversial in terms of arbitrability Arbitrability Homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for the presentation.
19)	Law applicable to the merits of the dispute Arbitration proceedings Discussion and questions	Reading the textbook. Doing homework and preparing for the presentation.
20)	The principle of freedom of will and its limits Arbitration proceedings Homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for the presentation.
21)	Proof evidence arbitration proceedings	Reading the textbook. Doing homework and preparing for the presentation.
22)	Proof International soft law rules Arbitration proceedings homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for the presentation.
23)	Authority of arbitrators to grant temporary legal protection measures Problems such as authorization and enforcement regarding temporary legal protection measures Temporary legal protection measures Discussion and questions Preparing for homework presentations	Reading the textbook. Doing homework and preparing for the presentation.
24)	Emergency arbitrator Temporary legal protection measures Homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for the presentation.
25)	Execution of arbitral awards Action for nullity Execution and cancellation of arbitral awards Discussion and questions Preparing for homework presentations	Reading the textbook.
26)	Differences between HMK and MTK regulations Execution and nullity of arbitral awards homework presentation Preparing for homework presentations	Reading the textbook. Doing homework and preparing for the presentation.
27)	Foreign arbitrator's decision Recognition and enforcement of foreign arbitral awards Recognition and enforcement Discussion and Q&A Preparing for homework presentations	Reading the textbook.
28)	Recognition enforcement barriers Enforcement cases Recognition and enforcement homework presentation Reviewing exam topics and preparing for the exam	Reading the textbook. Doing homework and preparing for the presentation.

Sources

Course Notes / Textbooks:	Ekmekçi, Ö./Özekes, M./Atalı, M./Seven, V.: Hukuk Uyuşmazlıklarında Arabuluculuk, 2. Baskı, On İki Levha, 2019. Akıncı, Ziya, Milletlerarası Tahkim, 6. Baskı, Vedat, 2021.
References:	Ekmekçi, Ö./Özekes, M./Atalı, M./Seven, V.: Hukuk Uyuşmazlıklarında Arabuluculuk, 2. Baskı, On İki Levha, 2019. Akıncı, Ziya, Milletlerarası Tahkim, 6. Baskı, Vedat, 2021.

Course-Program Learning Outcome Relationship

Learning Outcomes	1	2	3	4	5	6	7	8
Program Outcomes
1) List the concepts and institutions related to various legal disciplines and the relationships between these concepts and institutions.
2) Solves the problems encountered in the practice of law based on legislative texts, judicial decisions and scientific sources.
3) Takes responsibility individually and as a team member to solve complex and unpredictable problems in legal practice.
4) Evaluates the knowledge and skills acquired in the field of law with a critical approach.
5) Informs the relevant people and institutions on legal issues; transfers his thoughts and suggestions for solutions to the problems in written and verbally.
6) Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and within this framework.

Course - Learning Outcome Relationship

No Effect	1 Lowest	2 Low	3 Average	4 High	5 Highest

	Program Outcomes	Level of Contribution
1)	List the concepts and institutions related to various legal disciplines and the relationships between these concepts and institutions.	3
2)	Solves the problems encountered in the practice of law based on legislative texts, judicial decisions and scientific sources.	5
3)	Takes responsibility individually and as a team member to solve complex and unpredictable problems in legal practice.	5
4)	Evaluates the knowledge and skills acquired in the field of law with a critical approach.	3
5)	Informs the relevant people and institutions on legal issues; transfers his thoughts and suggestions for solutions to the problems in written and verbally.	2
6)	Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and within this framework.	5

Learning Activity and Teaching Methods

Expression
Individual study and homework
Lesson
Reading
Homework
Q&A / Discussion

Assessment & Grading Methods and Criteria

Written Exam (Open-ended questions, multiple choice, true-false, matching, fill in the blanks, sequencing)
Homework
Presentation

Assessment & Grading

Semester Requirements	Number of Activities	Level of Contribution
Homework Assignments	1	% 20
Midterms	1	% 20
Final	1	% 60
total		% 100
PERCENTAGE OF SEMESTER WORK		% 40
PERCENTAGE OF FINAL WORK		% 60
total		% 100

Workload and ECTS Credit Grading

Activities	Number of Activities	Duration (Hours)	Workload
Course Hours	28	2	56
Midterms	1	0	0
Final	1	0	0
Total Workload			56