Solved: LAW2059 – Alternative Dispute Resolution

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Assessment: Summative – Coursework (Portfolio)
Please read the following instructions carefully:

  1. Type of assessment
    This assessment is a summative assessment. The assessment is a portfolio. Requirements for
    the portfolio content are set out at section 7 of this document.
    The mark for this assessment counts for 100% of the final module mark.
    You are expected to follow good academic practice in all assessments. Study Zone provides
    training and guidance on good academic practice. Your personal academic tutor can provide
    further support. Evidence of poor academic practice or misconduct will be investigated and
    may be referred for further action. University regulations on academic conduct and practice are
    available here.
  2. Submission
    The submission date for this assessment is Friday 3rd May 2024. Your assessment must be
    received before 14:00 (2.00pm) on this date.
    Summative assessments that are submitted late will receive a penalty as outlined in the
    Teaching Quality Assurance Manual (TQA) https://as.exeter.ac.uk/academic-policystandards/tqa-manual/aph/settingandsubmission/#late. University guidance on mitigation and
    extensions is available here: Mitigation | Student hubs | University of Exeter.
    Your assessment must be submitted electronically, via the ELE module page. Please read any
    university guidance on submitting assessments via ELE in advance, to allow for any problems
    you may encounter when submitting and ensure your work is submitted on time. You are
    advised to submit your work at least 3 hours in advance of the deadline to allow time to
    deal with any problems that arise when submitting. If technical problems prevent you from
    submitting on time because you have not left a reasonable amount of time to submit you will
    NOT be granted an extension. This will have significant consequences for your grade. It is your
    responsibility to ensure that the correct document is uploaded before the submission deadline.
    If you have difficulties submitting, please contact the Law Office. More information on submitting
    your assessments can be found on the Law School ELE Gateway.
    You should submit this assessment as a Word document. The assessment should be
    submitted as a single submission unless explicitly directed otherwise.
    Please turn over
    LAW2059 PAGE 2
  3. Word Limit
    The word limit for this assessment is: 2,500 words. (Where there are word limits or equivalent
    for different elements of the portfolio, these are indicated in section 7.)
    A mark penalty will be applied if you exceed this total word limit by more than 10%. For further
    details please see the document ‘Law School Assessment Word Count Guidance’, available on
    the Law School ELE Gateway. (Exceeding the word count for individual elements of the
    portfolio, where limits or guidance are given, will be taken into account in marking but will not
    result in a word count penalty unless the total assessment word count is also exceeded.)
    The number of words used must be stated accurately on the front of your submission.
    Inaccuracy in stating the number of words used may be considered as intentionally misleading
    and result in University disciplinary proceedings.
    The word limit for this assessment does not include citations and references contained within
    footnotes and does not include your bibliography. For further guidance please see the
    document ‘Law School Assessment Word Count Guidance’, available on the Law School ELE
    Gateway. It is your responsibility to ensure you understand and follow the word limit rules
    applying to this assessment.
    In a portfolio assessment, different requirements may apply to one or more elements of the
    portfolio. It is your responsibility to check (see section 7, and with your module convenor) if
    different requirements as to word counts/limits apply to different elements of your portfolio.
  4. Referencing, Typeface and Font
    Unless informed otherwise in writing by your module convenor you must:
  • Use 12 point Arial typeface and double spacing
  • Use OSCOLA referencing for citations
  • Include a bibliography, prepared following OSCOLA, including all sources consulted
    when preparing your answer (whether or not also contained within footnotes).
    In a portfolio assessment, different requirements may apply to different elements of the
    portfolio. It is your responsibility to check (see section 7, and with your module convenor) if
    different requirements as to presentation and referencing apply to different elements of your
    portfolio.
  1. Assessment Criteria for this assessment
    Unless you are informed otherwise in advance, your assessment will be marked using the Law
    School Assessment Criteria, as provided on The Law School Gateway (Law Streatham)
    If you are unsure how the criteria apply to different elements of the portfolio and the assessment
    as a whole, please check with your module convenor.
    The mark awarded for this assessment will reflect the assessment (portfolio) as a whole.
    LAW2059 PAGE 3
    Please turn over
  2. Feedback
    Marks and individual feedback for this assessment will be released following the Assessment
    and Progression Awarding Committee (APAC) meetings in June. Should it not be possible to
    return feedback by this date/time, we will always aim to let you know in advance.
  3. Assessment title/task
    This assessment will enable you to demonstrate your learning journey through understanding
    the role of ADR (mediation) in the justice system to being able to apply mediation skills
    effectively, as a mediator in a dispute.
    Your portfolio assessment must include the following elements:
    Element 1 of the portfolio (1,000 words):
    Explain the policy impact on mediators following the decision in Churchill v Merthyr Tydfil
    Council [2023] EWCA Civ 1416.
    Element 2 of the portfolio (1,000 words):
    Answer all parts:
    (a) Write out the opening statement for the mediator in the ExeBrew case.
    (b) Explain why this is the basis for a high quality mediation.
    (c) How would the statement differ if it was a restorative justice victim-offender mediation?
    Element 3 of the portfolio (500 words):
    A settlement has been reached in the ExeBrew case!
    Critically analyse the settlement agreement provided, using the EU Code of Conduct for
    Mediators and CEDR Model Settlement Agreement to explain whether this settlement
    agreement is fit for purpose and whether any amendments to the ExeBrew text should be
    made.
    You are very strongly advised to include all required elements of the portfolio, and to check with
    the module convenor if you are unsure of requirements. Failure to include one or more of any
    required elements of the portfolio will be taken into account in the mark awarded and is likely to
    have a significant impact on the final grade for this assessment.

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