7LLAW033W Mediation: Concepts, Evolution and Practice CW Essay Questions Paper

Essay Question 

In 2023, the Appeal Court passed judgment in the case of Churchill vs Merthyr Tydfil. This led to a change in precedent in England and Wales and was followed by the adoption of changes to the CPR in England and Wales.

Why and in what way might these events influence the practice and application of mediation in the context of legal proceedings in England and Wales and one other jurisdiction of your choice? { India}

Discuss concerning relevant law, mediation theory and practice in one field of mediation (community, family, RJ, commercial, employment), drawing examples from England & Wales and one other jurisdiction.

N.B. At the top of the first page of the essay, you must write:

1. The complete essay question you have been set and are answering in the essay.
2. Which two jurisdictions have you chosen to focus on in the essay?
3. Which field of mediation have you chosen to focus on in the essay?
You are required to respond to the above question by preparing an essay which is 3,000 words in length (+ / - 10%).

This assessment carries 60% of the total marks for the module.

Formatting guidelines:

• Do not include your name or student number on the essay.
• Please remember to number the pages.
• Use double line spacing for the body of the essay and single line spacing for the footnotes and bibliography.
• The essay must be researched, written up, and typed by you; presented in Times New Roman, font size 12, with 2.0 spacing; and with standard
• margins (2.54cms top and bottom, and 2.54cms left and right).
• Remember to use footnotes and to include a bibliography at the end of your essay.
• You must use double inverted commas (“---”) to indicate extracts from published sources, including books, articles, statutes, case reports, and internet sources.
• An ‘extract’ means that you are taking the exact words from the published source.
• You must not use double inverted commas to indicate paraphrases of text found in published sources (books, and other sources as indicated above). A ‘paraphrase’ is the taking of an author’s ideas but not the exact words of the author.
• You must acknowledge the sources that you use, whether you take extracts or paraphrase from published sources, and you must acknowledge authors’ work even where referring to them, but without extracting or paraphrasing from their work.
• Each source must be acknowledged by a full reference and citation at the point at which the source is first mentioned, and then again whenever the source is used subsequently.
• Please state at the end of the bibliography the number of words used. Unless there is a misuse of the footnote system, the word count does not include footnotes, and the word count does not include the bibliography.
• You are advised to formulate your own opinions in response to the essay question. And, as noted above, you must reference every statement of fact, law, and opinion (other than your own unique opinion) that you may use in your essay.
• You are advised to prepare all your work, including drafts of your essay, in handwriting and to preserve all written work, printouts and electronically stored research work, drafts and final version at least until after you have been notified of the result. This is in case you are required to submit to a viva assessment.