ASSIGNMENT QUESTION
The face of dispute resolution continues to change, there is a need to be flexible to the needs of modern litigation. Both the courts and alternative dispute resolution (ADR) are important elements of the dispute resolution landscape and it is important that we give thoughts to the way in which they can further complement and support one another. The position of the courts is that ADR must be encouraged.
What are your thoughts on this? Give reasons and support them by critical analyses.
Note that you should focus your advice on the legal points relevant to the areas of law covered by the contents of Civil Dispute Resolution.
Criteria for Assessing Assignment
The assignment will be assessed on the following criteria:
1. Does the answer adequately address the issues raised by the questions? This means you should thoroughly ‘analyse’ the issues by pointing out the main issues that need to be dealt with so as to answer the question posed. For example, if the question seeks a critical assessment of a particular issue, then a merely descriptive answer will not be awarded high marks.
2. Does state the relevant law, both case law and statutory provisions, applicable to the issues you have already analysed in [1] above. In stating the relevant law, try not to rely on the quotations from secondary sources such as textbooks or journal articles, but you should attempt to make reference to the primary materials such as law reports and statutes.
3. Does it demonstrate analytical and critical skills? This is assessed by the way you analyse the points in the question. Obviously, this will not be demonstrated merely by a repetition of what appears in the textbooks or journal articles. In other words, your answer must demonstrate your ability to analyse, assess and state the points and the law in your own words.
4. The degree of research under taken and demonstrated in the answers.It will not be adequate to rely on a standard text in the area. You should read more widely and attempt to develop a critical approach to the problems, set out in the assignment.
Marks are not specifically allocated to individual criteria. The final mark awarded reflects the overall quality of the written assignment taking into account all criteria.
Content demonstrates
1. a) Knowledge of the relevant legislation, case law and other applicable rules and principles
2. b) Knowledge of other options available
Structure demonstrates
a) Clear introduction and conclusion
b) Coherent, well-signposted organisation (e.g. use of headings)
Expression, style and presentation demonstrates
Recognition of nature of the audience
1. a) Recognition of purpose of assessment i.e. to advise a legal client or memo to a senior legal partner
2. b) Written in plain English, in a style that is clear, fluent and concise
3. c) Careful proof reading
Citation
a) Complies with AGLC
Word Length
a) Within the stated word length
