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FACULTY OF BUSINESS Department of Law, Public Service and Education Law Repeat Assessment Brief Programme Title and Year: Criminal Justice and LLB Year 3 & 4 REPEAT August Academic year 2022/23. Module Title: Alternative Dispute Resolution Assessment Title: 3 parts of continuous Assessment Repeat Brief Internal examiner: Yvonne McGuinness External Examiner: Continuous Assessment -Percentage of total Semester Assessment: CA 2 - 20% CA 4 - 30% CA 5 - 30% (CA 1 & CA 3 not required to be repeated) Faculty of Business Student guide to Exams and Assessment can be found in the CA folder on Blackboard. Submission Date: Wednesday, the 23rd August (12 noon): via Turnitin (CA 2 & 4)and a hard copy left at Faculty of Business Office marked for attention of Yvonne McGuinness (CA 2, 4 & 5) Instructions: See below Students are only required to repeat those parts which they did not complete during the semester. The original assessment comprised: CA1: A group presentation on a particular aspect of a critical evaluation and review of an academic article - (10%) CA2: A group presentation of a critical evaluation and review of an academic article - (20%) CA3: A negotiation performance with individual review and reflection (10%) CA4: An ADR Assignment requiring consideration of the various alternative dispute resolution mechanisms to a given scenario and determination of the mechanism most appropriate to the potential resolution of the issues presented - (30%) CA5: A Mediation opening statement performance and reflection - (30%) The repeat brief for each part is set out below: CA 1 - No student is required to repeat this CA CA2 - Presentation on a critical evaluation and review of an academic article - 20% Students are to find, read and critically review the following article: BLANCERO D, DelCAMPO R, MARRON G. “Just Tell Me! Making Alternative Dispute Resolution Systems Fair.” Industrial Relations[serial online]. October 2010;49(4):524-543. Available from: Business Source Complete, Ipswich, MA. Critically review the article. Your review should include the following perspectives: the authors – their perspective, language etc. the purpose or core subject matter of the writing. the theory underpinning the writing. the evidence/methods used to support the claims. the conclusions or findings the implications. Prepare a recorded presentation of your findings with the use of PowerPoint slides. Submit this pre-recorded presentation by noon on Friday the 1st of September 2023 to
[email protected] and submit a hard copy to the School of Business Office marked for the attention of Yvonne McGuinness. Marking Criteria: Content (70%): Clear understanding of the concepts involved Evidence of relevant reading Analysis of materials Reasoned and supported argument/discussion Originality of approach Structure (15%): Clear and concise Logical Presentation (15%): Oral Visual Correct referencing and use of footnotes Use of English and legal terminology CA 3 - No student is required to repeat this CA CA 4 - An Assignment requiring consideration of the various alternative dispute resolution mechanisms to a given scenario and determination of the mechanism most appropriate to the potential resolution of the issues presented - (30%) Word Count: 1000 words Your must advise your client light of the different scenarios as to which method of ADR is appropriate. Refer to the ADR spectrum and stipulate your reasons for recommending one particular method for each dispute and why the other methods would not be suitable. Refer in your answer to the advice and information you obtained from the two guest lecturers Brian Walker and Muriel Walls, which may be relevant. Your client Seamus is in a marital dispute with his wife Sandy to whom he has been married to for the past twenty years. There is one child to the marriage, aged 8 years old. The marriage has broken down and although they both live in the same house they have not lived as husband and wife for the previous five years. Sandy was a commercial pilot before the birth of their child. She gave up her job and takes care of their child full time. Seamus feels that Sandy is resentful that he is still working and despite her wealth due to shares she accrued whilst working for the commercial airline company he feels that she has grown resentful of his successful business. Seamus is a director in the Company “Better Bargains Ltd.” This was originally Sandy’s father’s business, which Seamus has expanded since he joined it after he got married to Sandy. It is a very successful business which operates in the importation, distribution and sale of goods from Asia to Ireland. Sandy’s father who owned the company initially is still a director in the company. However, the relationship between Seamus and his father in law has soured since the marriage breakup. Seamus does not want his father in law involved in the business anymore however, his father in law is not willing to leave. Within the business there is a dispute with a supply company called “Tir Glan.” Better Bargains Ltd. and Tir Glan entered into a contract for sale and purchase of goods however, Seamus believes Tir Glan have breached contract for the supply of these goods. Tir Glan have sent a number of letters via their solicitor to Better Bargains Ltd. suggesting that the parties meet via mediation to resolve the dispute. Seamus is adamant that he is not going to mediation with Tir Glan. He wants Tir Glan to be exposed in court for what they are. He instructs you to issue proceedings against Tir Glan immediately. You must advise Seamus in relation to each of the different scenarios above. Marking Criteria: Content (70%): Clear understanding of the concepts involved Evidence of relevant reading Analysis of materials Reasoned and supported argument/discussion Originality of approach Structure (15%): Clear and concise Logical Presentation (15%): Oral Visual Correct referencing and use of footnotes Use of English and legal terminology CA 5 - Mediation Opening Statement: (30%) Performance of an opening statement for approximately 8 minutes (25%) and thereafter a reflection no more than 250 words on their performance (5%) Submit a recording of the statement by noon on Friday the 1st of September 2023 to
[email protected] and submit a hard copy to the School of Business Office marked for the attention of Yvonne McGuinness. Assessment and Marking will be allocated as per the criteria set out in the mediation worksheet on a mediation opening statement as provided on Blackboard.