Term Paper on "ADR Alternative Dispute Resolution"

Quoted Instructions for "ADR Alternative Dispute Resolution" Assignment:

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ALTERNATIVE DISPUTE RESOLUTION 2

LAW DIVISION

LL.B. FULL-TIME

***** COPY

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ATTEMPTING THIS ASSESSMENT

1. The assessment

Students must read the case study below and write an essay covering the main issues that are raised by the case study.

2. Presentation instructions

All submitted work must comply with these presentation requirements *****“ failure to comply may result in work not being marked.

(a) The guideline word limit is 3,500 words with a maximum of 4,000. Footnotes will not count towards word count totals but must only be used for referencing *****“ not the provision of additional text. Bibliographies will not count towards word totals. Unless specifically required in the assessment instructions appendices are not permitted, other than those required under 5(h) below.

(b) A word count total must be provided on each course work submitted. An inaccurate word count may be dealt with as cheating (an attempt to obtain an unfair advantage). See the cheating and plagiarism guidelines in the Course Guide for further details.

(c) If the word limit is exceeded any work beyond the word limit will not be marked and will thus not be awarded credit.

(d) Course work must be submitted in word-processed forms, double-spaced, and correctly paginated.

(e) Standard referencing guidelines must be followed *****“ these can be found in the Course Guide.

3. Assessment criteria

This assessment seeks to assess the following unit outcomes:

(a) This assessment seeks to assess the following areas of knowledge and understanding:

- theories of negotiation and mediation

- principles, boundaries and process of mediation

- issues involved in appropriateness of mediation

(b) This assessment seeks to assess the following legal skills:

- ability to assimilate and evaluate complex literature from a range of sources

- critically evaluate different theories on mediation and negotiation

- show an appreciation of the political, social and economic pressures involved in shaping the process of mediation in different contexts.

(c) This assessment seeks to assess the following transferable skills:

- an***** and evaluate issues relating to a hypothetical case in a mediation context

- plan research, including setting priorities in terms of relevance and importance

- plan and manage work including setting priorities in terms of importance and deadlines

(d) This assessment seeks to assess the following communication skills:

- read and understand multi-disciplinary materials in the field of ADR2

- appreciate communication techniques and strategies appropriate for

mediation and negotiation.

(e) Credit will be awarded for this assessment based on the following criteria:

- clear and coherent answer

- well-structured work

- relevant answer in relation to the case study

- thoughtful answer about the issues raised

4. Guidance

(a) In attempting this assessment candidates may want to have particular regard to the following issues:

- limitations of mediation

- principle of mediation

- skills used by mediators

- the mediation process

- theory of mediation and negotiation

(b) In attempting this assessment candidates may want to have particular regard to the following useful sources:

- the materials in the unit guide and in the teaching guide

- any materials additionally provided by lecturer

- additional research done by students in the library and on the web

(c) In attempting this assessment candidates should be aware of these common errors

and should try to avoid them:

- Uncritical repetition of arguments found in textbooks or consultation papers

- Poorly structured or irrelevant work

- Misreading of the facts of the hypothetical case

5. Submission instructions

(a) Submission date, time and place: Please consult the assessment timetable

(b)Extensions:

(i) Maximum extension - the maximum is 2 weeks. Extensions must be obtained before the submission deadline. Only in very exceptional circumstances will an extension be granted for this maximum length of time. See the Course Guide for further details.

(ii) If an extension has not been obtained assessed work submitted up to 2 weeks after the deadline can only be awarded credit up to the pass mark applicable. After 2 weeks the work will receive a mark of zero. See you course guide for further details.

(c) Return date: This is a final assessment and students will not get it back. You will receive the results as always after the exam board.

(d) Candidates must indicate clearly on the front of the coursework their seminar group and seminar tutor (part-time students - class lecturer).

(e) Candidates must not put their names on the course work *****“ student numbers must be used.

(f) Candidates must retain a copy of the assessment submitted *****“ both hard copy and on disk. Further copies of assessed work may be required by the Course Director or Exam Board.

(g) All quotations must be credited and properly referenced. Paraphrasing is still regarded as plagiarism if a candidate fails to acknowledge the source for the ideas being expressed. Candidates are referred to the cheating and plagiarism guidelines in the Course Guide.

(h) Candidates are required to attach to their submitted assessments a copy of the first page of each article cited as a source. This applies whether the article is from a hard copy or downloaded from the Internet. This requirement does not apply to law reports (unless specifically requested in the assessment instructions). Copies of articles referred to must be retained. Candidates may be required to produce these articles if there are concerns about the use of source materials.

6. Feedback

Generic feedback about common errors and good practice will be provided on black board after the results are published in the summer.

THE CASE STUDY ASSESSMENT FOR ADR 2

Giovanni and Cherry Pertucci have been married for 8 years. They have come to a mediation service and have had separate intake sessions.

GIOVANI*****S ISSUES AT THE INTAKE:

He is 45 years old, and the couple have one child, Eduardo, who is 9 years old.

GIOVANI was born in England but his parents are from a small village in Sicily. He is a self-employed barrister.

The relationship with cherry began to break down when his work became more successful and he spent more and more time away from home. Cherry began studying to become a solicitor and then pursued a legal career in television. She had an affair with a work colleague and he cannot forgive her and wants nothing more to do with her. He says that the relationship between the two at the moment is very hostile and they argue ferociously every time they talk about Eduardo.

He does not want this new man to replace him as Eduardo*****s father and he thinks the boy is better off living with him. He does not want the new man moving into the house he has worked so hard to have.

CHERRY*****S ISSUES AT THE INTAKE:

Cherry is 40 years old. She was born in Nigeria, but was sent to boarding school in England from the age of 11. She studied law in an English University where she met Giovanni, whom she later married.

She put her career on hold for a while until Eduardo was old enough for school, but found that Giovanni was away from home more and more and only interested in his work. She became lonely and depressed and therefore decided to study to become a solicitor. She got a job with Channel 4 and her life opened up in a very exciting way. She met many interesting people and one man in particular who made her feel very special.

She fell in love and began an affair, and has found that her life is so mu8ch happier with him than the lonely existence she had with Giovanni. Eduardo is her priority still, but feels that as a boy he will need his father more and more as he grows. She wants Eduardo to have his base with her, in the matrimonial home, seeing Giovanni regularly and frequently.

She believes they can be friends and can work things out for Eduardo so that he has a good relationship with both of them.

THE MEDIATION APPOINTMENT

An appointment has been set up for the couple at the mediation service. At the appointment, the mediator listens to both of them separately for a short time, whereby they can tell him/her their issues.

During the separate sessions Cherry says that there have been two incidents where Giovanni became abusive and angry towards her and her new partner. On the second, she says that her new partner, Richard, came between them and Giovanni hit him in the face. Eduardo saw this as he came out of his room to see what the commotion was. Giovanni and Cherry have not spoken since. She is worried about Eduardo.

INSTRUCTIONS TO STUDENTS

Please read the facts carefully. Then note any issue that you think arte raised by them - e.g. domestic violence? *****“ then discuss how the mediator/s could deal with the issues that are raised. Of course you have to refer to research and writings on mediation - family mediation *****“ to be able to consider what are issues and what mediators should be aware of and could do to deal with issues.

RECCOMMENDED READINGS

Thelma Fisher

Marion Robert

John Haynes and 6 other sources.

The Family Law Journal is also a useful source of information.

Please be careful to read as widely as possible before attempting to answer in any depth and ensure that you turn completed work to turnitinUK to check the originality of your work.