HUK446

School of Law \ Law

2

3

Elective

Turkish

-

Bachelor of Laws

In this course, alternative dispute resolution methods available outside the state judiciary are covered. In the course, the mediation institution, which is one of the alternative dispute resolution methods, is discussed in detail within the framework of national and international regulations. In this context, the disputes that are suitable for mediation, the mediation activity and the results of the activity are covered in detail. In addition, other alternative dispute resolution methods such as conciliation and arbitration are also discussed. Thus, in the course, the differences, advantages, benefits and positive aspects of alternative remedies compared to the judicial activity carried out in state courts are discussed, thus it is aimed to gain the ability to decide which method will be more useful in dispute resolution.

1. BÜYÜKAY, Ferhat: Mediation Agreement Document and Enforceability Annotation, Ankara 2018.
2. DÜR, Orhan: Mediation Activity and Rights and Obligations of Mediators, Ankara 2018.
3. EKMEKÇİ, Ömer/ÖZEKES, Muhammet/ATALI, Murat/SEVAN, Vural: Mediation in Civil Disputes, Istanbul 2019.
4. ILDIR, Gülgün: Alternative Dispute Resolution, Ankara 2003.
5. KEKEÇ, Elif Kısmet: Basic Stages and Tactics in Alternative Dispute Resolution, Ankara 2016.
6. ÖZBEK, Mustafa: Alternative Dispute Resolution, Ankara 2016.
7. TAŞPOLAT TUĞSAVUL, Melis: Mediation in Turkish Law, Ankara 2012.

The main aim of the alternative dispute resolution course is to provide students with the necessary knowledge and skills to gain the necessary knowledge and skills about which method would be more accurate and useful in a concrete dispute resolution by providing information about other dispute resolution methods other than state judiciary and which do not have the characteristics of a judicial activity. Thanks to the knowledge acquired about alternative dispute resolution methods, it is aimed to gain the ability to evaluate which way and method will be in the interests of the parties in the resolution of the dispute, thanks to the acquisition of the necessary knowledge about what kind of dispute resolution methods are available outside the state judiciary. In addition, it is aimed to provide the necessary information on what the disputes that are suitable for mediation are and which disputes are subject to mediation as a condition of litigation in the mediation activity existing in Turkish law, and what consequences will be encountered in case of error in this regard.

1. Has a command of the state judiciary, the emergence and characteristics of judicial activity and non-judicial alternative solution methods.
2. Has knowledge of the rules applied in judicial activity and the historical, sociological and philosophical background in the formation of non-judicial solution methods.
3. Is aware of the developments in the national legal regulations of non-judicial alternative dispute resolution methods. Has the knowledge of which dispute resolution method should be applied for current legal problems.
4. Has the ability to follow the international developments of non-judicial dispute resolution methods and make comparisons with national legal regulations.
5. Has the ability to assert the rights provided by the agreements made as a result of alternative dispute resolution methods before the judicial authorities and to ensure their enforcement.
6. Has the ability to act within the framework of the necessary ethical rules in the process of resolving the dispute with alternative dispute resolution methods.
7. Has the ability to work individually and as a team member as a mediator and as a party representative in alternative dispute resolution methods, to plan and manage the activity.

Week 1: General and basic information about alternative dispute resolution methods. Differences of alternative dispute resolution methods from judicial activity
Week 2: The main alternative dispute resolution methods commonly applied in comparative law (fact-finding, impartial preliminary assessment, short hearing, conciliation)
Week 3: Introduction to mediation, which is the most commonly applied alternative solution, basic features of the concept of mediation
Week 4: Facilitator - Evaluator - Transformative mediation methods
Week 5: Disputes favourable to mediation
Week 6: Optional and mandatory mediation activities, features of the mandatory mediation procedure
Week 7: The basic stages of the mediation process, the procedures to be carried out at these stages
Week 8: Start of the mediation process, execution and legal consequences of the process
Week 9: Mediation final minutes and agreement document, legal nature of the agreement document
Week 10: Enforcement of mediation agreement documents, enforceability annotation
Week 11: Rights and obligations of the mediator
Week 12: Mediation-Arbitration (Med-Arb) method and arbitration proceedings

• Midterm %40
• Final % 60