School of Law

Department of Law & Criminology

Alternative Dispute
Resolution & Legal Ethics
Law 2115

Module Leader: Lughaidh Kerin

Term 1 & 2 - 2022-23
[Duration of the module - 24 weeks]
 Alternative Dispute Resolution & Legal Ethics - Law 2115

Online location of handbook

This handbook can also be accessed via My Learning at:

https://mdx.mrooms.net/course/view.php?id=33533#section-0

Other formats available

This handbook is available in a large print format. If you would like a large print copy
or have other requirements for the handbook, please contact the Disability Support
Service [email protected]

Disclaimer

The material in this handbook is as accurate as possible at the date of production. You
will be notified of any minor changes promptly. If there are any major changes to the
module you will be consulted prior to the changes being confirmed. Please check the
version number on the front page of this handbook to ensure that you are using the
most accurate information.

Other documents

Your module handbook should be read and used alongside your programme
handbook and the information available to all students on My Learning and UniHub,
including the Academic Regulations. Your programme handbook can be found on the
My Learning programme page for your programme.

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Table of Contents
1. Welcome ............................................................................................................................ 4
2. The module teaching team ............................................................................................. 4
3. Communication with the teaching team........................................................................ 5
4. Module overview............................................................................................................... 6
5. Learning resources ........................................................................................................ 12
5.1 Essential ....................................................................................................................... 12
5.2 Online Resources: ...................................................................................................... 12
5.3 Recommended ............................................................................................................ 12
5.4 Other Resources ......................................................................................................... 13
5.5 Websites .................................................................................................................. 13
5.6 Legal Databases ..................................................................................................... 15
6. Expectations of studying this module.......................................................................... 15
6.1 Professional behaviour and online conduct ...................................................... 15
6.2 Academic Integrity and Misconduct.................................................................... 16
6.3 Extenuating circumstances: ................................................................................. 17
7. Assessment ..................................................................................................................... 17
Formative assessment ...................................................................................................... 17
Summative assessment ................................................................................................... 17
7.1 Assessment.................................................................................................................. 21
7.1.1 Assessment .............................................................................................................. 21
7.1.1 Assessment 1 ........................................................................................................... 21
7.1.2 Assessment 2A ........................................................................................................ 23
7.1.3 Assessment 2B ........................................................................................................ 24
7.2 Feedback on your assignments................................................................................ 26
7.3 How is your assignment mark agreed? ................................................................... 26
7.4 Anonymous Marking Assessment Policy ................................................................ 27
8. Learning Planner ............................................................................................................ 28
9. University 20-point Scale .............................................................................................. 30
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1. Welcome
Welcome to this 2nd year Bachelor of Laws optional module. The aim of this module is
to provide students with an opportunity to become familiar with the non-litigation role
of the lawyer and to acquire some of the skills relevant to that role by examining
Alternative Dispute Resolution in its many facets as well as focusing our attention on
Legal ethics.

Lughaidh Kerin
Senior Lecturer & Director of Clinical Legal Education
BA, LLB (NUI); LLM (Edin.), FCIArb, Arbitrator, Acc. Mediator, SFHEA,
Solicitor (Ireland, England & Wales) Attorney at Law (NY)

2. The module teaching team

Please see below details of the teaching team for this module.

Module Leader: Insert Name

Room number: WG61
Email: [email protected]
Telephone number: +44(0)2084116231
Office hours: Tuesday 09.00 – 10.00
Tuesday 14.30 – 15.30
and at all other times by
prior email appointment

Module Tutor (Dubai) : Yasmin Sebah

Room number: Building 15 (1st Floor)
Email: [email protected]
Telephone number: +971(0)4 3678100
Office hours: Monday 14.00 – 16.00
Tuesday 11.00 – 13.00
Arrange appointment with
Lecturer via email for an
online meeting only

Module Tutor (Mauritius): Vandana Beessoo

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Room number: Room A111

Email: [email protected]
Telephone number: +230(0)4036400
Office hours: Thursday 13.00 – 17.00

3. Communication with the teaching team

The module leader and other module tutors are likely to send urgent and/or individual
messages about the module to you by email, so it is important that you read your
university email regularly. The Law School uses e-mail and intranet to communicate
all important information to students. It is essential that students become familiar with
the use of these technologies, know their individual University e-mail address and
access email sent to this e-mail address on a regular basis (at least five times a week).
Failure to access your university e-mails could result in you missing information that is
essential for successful completion of your studies. Communication is made only to
students’ official Middlesex email addresses.

It is not necessary to book an appointment to see any of the tutors during their above
listed office hours; you just need to drop in. In the first instance problems should be
dealt with by talking to your lecturer after the lecture. In the event of an emergency,
students located at the Hendon campus should contact the module leader, Lughaidh
Kerin by email to set up an appointment outside of office hours. Students studying at
the Dubai or Mauritius campuses should contact the tutor responsible for the module
at their own campus.

Tutors on the module on different campuses remain in continuous communication with

each other throughout the module.

Any overall module and course feedback can also be given to the student voice leader
for their programme which will be included in programme feedback sessions.

Our most important consideration is your health, wellbeing and safety as well as our staff
and people related to the University. Remember that you – as part of #TeamMDX – can
stay up-to-date with the guidance on Coronavirus at

https://unihub.mdx.ac.uk/coronavirus-covid19

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4. Module overview
Module Code LAW2115
Module Title Alternative Dispute Resolution and Legal
Ethics
Module Level UG - 5
Credit points 30
Owning Subject LAW
Module Leader Lughaidh Kerin
Module restrictions
(a) Pre-requisite Pass mark in all year one modules
(b) Programme restriction LLB
(c) Level restrictions 5
(d) Other restrictions or Limited to 16 students selected by the
requirements programme team
Automatic deferral No
Aims

The aim of this module is to provide students with an opportunity to become familiar
with the non-litigation role of the lawyer and to acquire some of the skills relevant to
that role.

It will:

• provide an opportunity for students to become familiar with key techniques,

strategies, theories, values and cultural issues relating to the negotiation process;
• provide an opportunity for students to develop practical skills in negotiation;
• give students a clear understanding of the special professional role of the lawyer
in relation to legal ethical considerations arising from professional codes of
practice, the principle of client autonomy, court/client confidentiality and conflict of
interest;
• provide students with the opportunity to develop practical skills in identifying and
defending potential approaches to legal ethical problems;
• provide students with an opportunity to understand the main features of
alternatives to court-based dispute resolution, including tribunals, arbitration,
conciliation and mediation;
• provide an understanding of the place of Alternative Dispute Resolution within the
legal system, historically and in respect of current uses and developing practice,
within the UK and internationally;
• provide an opportunity for students to evaluate critically aspects of the theoretical
basis for mediation as a means of dispute resolution and the place of mediation
with the legal system;
• give students a clear understanding of the role of the mediator and the different
dynamics which influence the mediation process; and
• provide an opportunity for students to develop practical skills in conflict resolution
and mediation.

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Learning outcomes
Knowledge

On completion of the module successful student will be able to:

1. Outline and apply key parts of the professional codes of conduct, including the
cab-rank rule, lawyers’ duties to their client and to the court, confidentiality and the
avoidance of conflicts of interest;
2. Explain and apply the purposes, techniques, strategies and theories of negotiating
in the shadow of the law;
3. Evaluate the theoretical foundations of alternative methods of conflict resolution in
comparison with litigation and their increasing use in the context of changes to the
legal system and issues of unmet legal need; and
4. Evaluate the elements and dynamics of mediation and critically analyse the role
of the mediator.

Skills

On completion of the module successful student will be able to:

5. Apply their knowledge of the law and negotiation skills to reach a practical
settlement in a hypothetical legal dispute;
6. Conduct negotiations in a professional manner;
7. Prepare and proficiently conduct a mock mediation and evaluate performance.

Syllabus

• Self-regulation in the legal professions

• Lawyers’ codes of conduct
• The cab-rank rule
• Lawyers’ duties to their client and to the court
• Lawyers’ duties of confidentiality and to avoid conflicts of interest
• The special role morality of the lawyer
• The theoretical underpinnings of the adversarial system
• Problems associated with excessive adversarialism
• Alternative’s role moralities, including Moral Activism and the Ethic of Care.
• Professional ethics in criminal justice
• Negotiating in the shadow of the law
• The practicalities of managing the lawyer-client relationship
• Negotiation techniques, strategies and theories
• Distributive negotiation
• Interest-based vs integrative negotiation
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• Creating vs distributing value

• Negotiating across power and cultural differences
• The lawyer’s role in creating conditions for collaborative problem-solving.
• Mediation in the UK and EU legislative context
• Foundations of alternative methods of conflict resolution
• Increasing use of ADR in the context of legal system changes and unmet legal
need
• Conflict theory
• Different approaches to mediation including facilitative, analytic, inclusive,
transformative, psychotherapeutic and other approaches
• Mediator skills and techniques, process, ground rules
• Mediation management and the role of the mediator
• Special issues in mediation: power imbalances, bias, ethics.

Learning, Teaching and Assessment Strategies

This module utilises a one hour and half weekly lecture, one hour weekly workshop,
plus one-hour seminar bi weekly. (Depending on the Middlesex University Campus
you are attending you may have the lecture, workshop and seminar in person or online
or via blended learning.) Imported recorded presentations and online guest speakers
will set the context of content and will identify theme. There will be assigned reading
of articles, book chapters, reports and publications from professional organisations
and associations. A selection of activities will be undertaken by all students or will be
randomly assigned to individual students, pairs of students or small groups on themes
arising from the syllabus. These will include exercises, presentations on reading and
research, participation in debates on issues and role play.

The module will look first at professional values and ethics, starting with the institutions
of self-regulation and their codes of conduct, with particular focus on the cab-rank rule,
lawyers’ duties to their client and to the court, confidentiality and the avoidance of
conflicts of interest. It will consider these rules and how they are enforced using case
studies, both real and hypothetical.

Having introduced the black letter law, or in this case codes, the module will move to
understanding the special (amoral) role morality of the lawyer more theoretically: it will
consider how the adversarial system and its neutral partisanship further liberal values,
facilitating justice and client autonomy, but also how, taken to excess (e.g., corporate
lawyers facilitating legal but immoral corporate misconduct) can affect third parties,
the community and the environment. It will consider alternatives, including Moral
Activism (the idea that lawyers cannot avoid responsibility for the harms and injustices
of their representational activities) and the Ethic of Care.

The module will then consider professional ethics in particular contexts, namely
criminal justice and negotiating in the shadow of the law. At this stage it will also
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introduce the practicalities of managing the lawyer-client relationship, including

interviewing clients, communicating with clients, client care, managing expectations
and difficult conversations and understanding the psychology and risk adversity of
clients.

Having introduced the idea of negotiating in the shadow of the law as an ethical topic,
the module will turn to the practical side of negotiating: its purposes, techniques,
strategies and theories. It will introduce the idea of distributive negotiation and will
contrast interest-based and integrative negotiation as well as the difference between
creating value and distributing value. It will consider the particular difficulties and
concerns in negotiating across power and cultural differences. It will also consider the
lawyer’s role in creating conditions for collaborative problem-solving.

The module will assess all of the above using a simulation game, to take place after
Term 1 formal teaching has finished (in weeks 11 – 14). Students will be asked to pair
up and will then negotiate with their partner. Each pair will be given one set of general
instructions and each partner will receive different confidential instructions. The
materials will be adapted from those available from Harvard Law School and used on
its Program on Negotiation (http://www.pon.harvard.edu/store/) or the national
negotiation competition (sponsored by CEDR and the College of Law, with heats
starting every year in February and to which we may consider entering a team). They
will be anglicised where necessary and so as to incorporate any necessary additional
ethical dimensions.

Students will be asked to write an account of their negotiations, the strategy they
adopted, the ethical dimensions that arose in them and how they resolved them. They
will be asked to refer to the codes, theories and literature that we covered on the
module in this account.

Beginning in week 15, students will be introduced through lectures and workshops
assigned reading to the key features of different types of alternative dispute resolution
[ADR]. Students will be presented with critiques of the utility of different ADR
approaches in relation to particular areas of dispute between individual and groups.
There will be an analysis of the role and place of ADR both globally and within the UK
legal system.

Following this introduction, there will be a specific introduction using lectures and
workshops, assigned reading and exercises the theories underpinning mediation,
various approaches to mediation, the process of mediation, practical mediation skills
and role of the mediator and particular management and ethical issues in mediation.

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This will be followed by an opportunity to engage with mediator role play as both
observer and participant. Such role play may involve the use of actors, other students
and/or guest speaker professional mediators. As part of the assessment on this aspect
of the module, students will be asked to reflect on theories of mediation and
understanding of aspects of mediation.

Assessment:
Students will prepare two coursework assessments.

Coursework 1 will be 60% of the final mark and will be a 2500 essay or reflective
account dealing with the negotiation and professional role themes of the module.

Coursework 2 will be 40% of the final mark and will be 2000 words, comprised of a
1500-word essay on an aspect of ADR plus a 500 word reflection on the mediation
role play.

Assessment Weighting
Coursework (no examination) 100 %

Learning materials
Essential

Fisher, R, and Ury, W, Getting to Yes: Negotiating Agreement Without giving In

(Random House Business, 2012)
Beer, J E, with Stief, E, The Mediator’s Handbook, 4th ed (New Society Publishers,
2012)

Recommended

Herring, J, Legal Ethics (2nd Edn, OUP, 2017)

Research Ethics –

Statement:
• The teaching, learning, assessment and research activities undertaken in
this module have been considered and are not likely to require ethical
approval.
• However, please seek advice if undertaking the module entails carrying out any
research activities involving human participants, human data,
animals/animal products, precious artefacts, materials or data systems. If
you submit work that includes data gathered from or about people, this may be
treated as academic misconduct and could lead to fail grade being awarded.
• Research ethics approval seeks to ensure all research is designed and
undertaken according to certain principles of ethical research. These include:

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1. Primary concern must be given to the safety, welfare and dignity of

participants, researchers, colleagues, the environment and the wider community
2. Consideration of risks should be undertaken before research commences with
the aim of minimising risks to those involved – i.e. human participants or animal
subjects, colleagues, the environment and the wider community, as well as actual
or potential risks to those directly or indirectly affected by the research.
3. Informed consent should be freely given by participants, and by a trained
person when collecting or analysing human tissue (details on accessing and
completing online training for gaining informed consent for HTA purposes can be
found below in Section 8).
4. Respect for the privacy, confidentiality and anonymity of participants
5. Consideration of the rights of people who may be vulnerable (by virtue of
perceived or actual differences in their social status, ethnic origin, gender, mental
capacities, or other such characteristics) who may be less competent or able to
refuse to give consent to participate
6. Researchers have a responsibility to the general public and to their profession;
as such they should balance the anticipated benefits of their research against
potential harm, misuse or abuse which must be avoided
7. Researchers must demonstrate the highest standards of ethical conduct and
research integrity. They must work within the limits of their skills, training and
experience, and refrain from exploitation, dishonesty, plagiarism, infringement of
intellectual property rights and the fabrication of research results. They should
declare any actual or potential conflicts of interest, and where necessary take steps
to resolve them.
8. When using human tissues for research, Human Tissue Act and Human Tissue
Authority (HTA) requirements must be met. Please contact the relevant designated
person (DP) in your department or the HTA Designated Individual (DI) (Dr Lucy
Ghali - [email protected]). Further information is provided below in the section:
"Human Tissue Authority Information", see 'Governance Structure" document and
SOPs etc.
9. Research should not involve any illegal activity, and researchers must comply
with all relevant laws.
• For more information about ethics go to the Middlesex Online Research Ethics
(MORE) system which has information and guidance to help you meet the
highest standards of ethical research using this link:
https://MOREform.mdx.ac.uk
• Information and further guidance on how to complete a research ethics
application form (e.g., video guides and templates) can be found on the MORE
MyLearning site*: http://mdx.mrooms.net/enrol/index.php?id=12277 (Log in
required)
*Middlesex University Definition of Research document can be located on this site.

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5. Learning resources
Remember that there are many works concerned with the practice of legal ethics and
alternative dispute resolution, at all levels. In the module narrative, we specify the
following:
- Personal eTextbook (Kortext) Book for 2022/2023
Blake, Susan H. Browne, Julie Sime, Prof. Stuart, The Jackson ADR Handbook, (3rd
Edn, Oxford Press, 2021)

5.1 Essential
Fisher, R, and Ury, W, Getting to Yes: Negotiating Agreement Without giving In
(Random House Business, 2012)
Beer, J E, with Stief, E, The Mediator’s Handbook, 4th Ed. (New Society Publishers,
2012)

5.2 Online Resources:

England & Wales - Barristers: The BSB Handbook (31 December 2020)
https://www.barstandardsboard.org.uk/for-barristers/bsb-handbook-and-code-
guidance/the-bsb-handbook.html

England & Wales – Solicitors - Solicitors Regulation Authority: SRA Standards and
Regulations (25 November 2019 and later)
https://www.sra.org.uk/solicitors/standards-regulations/

5.3 Recommended

I.) On Negotiation and Legal Ethics:

A.) Books:
Bottomley, S, and Parker, S, Law in Context (The Federation Press, 1997)
Herring, J, Legal Ethics (2nd Edn, OUP, 2017) (340.112 HER)
McConville, M, Hodgson, J, Bridges, L and Pavlovic, A, Standing Accused: The
Organization and Practices of Criminal Defence Lawyers in Britain (OUP, 1994)
Nicolson, D,and Webb, J, Professional Legal Ethics: Critical Interrogations (OUP,
1999)
O'Dair, R, Legal Ethics: Text and Materials (OUP, 2001) (174.3 ODA)
Parker, C, and Evans, A, Inside Lawyers' Ethics (OUP, 2007)
Simon, W H, The Practice of Justice: A theory of lawyers’ ethics (Harvard University
Press, 1998)

B.) Articles:

Luban, D, ‘The Lysistratian Prerogative: A Response to Stephen Pepper’(1986) 11

Law & Social Inquiry 637
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Nelson, W E, ‘Moral Ethics, Adversary Justice, and Political Theory: Three

Foundations for the Law of Professional Responsibility’, (1989) 64 Notre Dame L. Rev.
911
Nicolson, D, 'Making lawyers moral? Ethical codes and moral character’ (2005) 25
Legal Studies 601
Pepper, S L, ‘The Lawyer's Amoral Ethical Role: A Defense, a Problem, and Some
Possibilities’ (1986) AM. B. FOUND. RES. J. 613

II.) On Alternative Dispute resolution and Mediation:

A.) Books:
Boulle, L, and Nesic, M, Mediation: Principles, Process, Practice, 2nded (Butterworths,
2005)
Boulle, L, and Nesic, M, Mediator Skills and Techniques: Triangle of Influence
(Bloomsbury 2009)
Bush, R, and Folger, J, The Promise of Mediation, rev ed, (Jossey-Bass, 2004)
Cloke, K, and Goldsmith, J, Resolving Conflicts at Work (Jossey-Bass, 2000)
Coser, L, The Functions of Social Conflict (Routledge, 2011)
Goleman, D, Emotional Intelligence, (Bloomsbury 1995)
Liebmann, M, Mediation in Context, (Jessica Kingsley Publishers, 2000)
Riskin, L, and Westbrook,J, Dispute Resolution and Lawyers, 4thed (West Publishing,
2009)

5.4 Other Resources

5.5 Websites
Below is a list of websites that you may find useful. The list is by no means exhaustive,
and you may well find other websites yourself.

International Bar Association

• http://www.ibanet.org/

Arbitration
Chartered Institute of Arbitrators
• http://www.ciarb.org/
Chartered Institute of Arbitrators, Irish Branch
• https://www.ciarb.ie
United Nationals Commission on International Trade Law (UNCITRAL)
• http://www.uncitral.org/uncitral/en/index.html
Dublin Arbitration Centre
• http://www.dublinarbitration.com
The London Court of International Arbitration (LCIA)
• https://www.lcia.org/
American Arbitration Association (AAA)
• http://www.adr.org/

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International Chamber of Commerce (ICC) Dispute Resolution Services

• https://iccwbo.org/dispute-resolution-services/
Australia Centre for International Commercial Arbitration (ACICA)
• https://acica.org.au
Hong Kong International Arbitration Centre
• http://www.hkiac.org
Singapore International Arbitration Centre
• http://www.siac.org.sg/
The International Centre for Alternative Dispute Resolution (India)
• https://icadr.telangana.gov.in/
Association for International Arbitration (AIA)
• http://www.arbitration-adr.org/news/
Kluwer Arbitration
• http://www.kluwerarbitration.com/
Global Arbitration Review
• http://www.globalarbitrationreview.com/
The Arbitration Database Website
• http://www.arbitration.fr/1.html
The National Centre for Technology and Dispute Resolution
• http://www.odr.info/
International Arbitration Institute
• http://www.iaiparis.com/
Investment Treaty News
• http://www.investmenttreatynews.org/
Straus Institute for Dispute Resolution - Pepperdine School of Law
• http://law.pepperdine.edu/straus/
Happ’s Arbitration Links
• http://www.arbitration-links.de/investmentarbitration/index.html
Transnational Dispute Management
• http://www.transnational-dispute-management.com/
Conciliation / Mediation
Mediation
Civil Mediation Council
• https://civilmediation.org
The Mediators’ Institute of Ireland
• http://www.themii.ie/
Mediate.com - Everything Mediation
• http://www.mediate.com/index.cfm

Collaborative Law
International Academy of Collaborative Professionals
• http://www.collaborativepractice.com/
Association of Collaborative Practitioners (Ireland)
• http://www.acp.ie/

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5.6 Legal Databases

The University subscribes to a large number of electronic databases and the best
place to start to explore them is from the Law Library Subject Guide. The principal
databases are:
• Lexis
• UK Statute Law
• Westlaw
• Heinonline

Alongside the formal teaching sessions, this online space will be the principal means
of communication on this module. You will be deemed to have had notice of any
instruction that we post here. If we post a notice on the module's online space you
have been notified. It is no use saying that you did not know because you did not read
the notice or have not logged onto the module recently.

6. Expectations of studying this module

Attendance and Engagement

Engaging with online and on-campus in-person learning and activities is integral to
your success. Middlesex University supports you to achieve your full potential through
a number of strategies, all of which provide a supportive learning environment online,
remotely, face-to-face, or blended.
Further information on attendance and engaging with your programme will be available
at your Induction and updates online at UniHub at the weblink below.
https://unihub.mdx.ac.uk/study/assessment/attendance

6.1 Professional behaviour and online conduct

The programme of study you are undertaking is underpinned by developing
professional behaviour and attitude. You are expected to behave in a professional,
supportive manner to your peers and teachers. You must come to sessions prepared
and ready to contribute where appropriate. Please remember that your University ID
should be carried with you always whilst on campus and you must be able to identify
yourself if asked to do so. Please conduct your email communication with fellow
students, tutors and all relevant staff in a formal and courteous manner.

In the same way that we help you understand how to effectively participate in learning
on campus, we also want to make sure that you can make the most of online learning.

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Our principles of online learning class conduct are available at:

https://unihub.mdx.ac.uk/covid-19-updates-faq/online-classroom-conduct

6.2 Academic Integrity and Misconduct

You should be aware of the University’s academic integrity and misconduct policies
and procedures.

Taking unfair advantage over other students in assessment is considered a serious

offence by the University. Action will be taken against any student who contravenes
the regulations through negligence, foolishness or deliberate intent. Academic
misconduct takes several forms, in particular:

• Plagiarism – using extensive unacknowledged quotations from, or direct copying

of, another person’s work and presenting it for assessment as if it were your own
effort. This includes the use of third-party essay writing services.
• Collusion – working together with other students (without the tutor’s permission),
and presenting similar or identical work for assessment.
• Infringement of Exam Room Rules – Communication with another candidate,
taking notes to your table in the exam room and/or referring to notes during the
examination.
• Self-Plagiarism – including any material which is identical or substantially similar
to material that has already been submitted by you for another assessment in the
University or elsewhere.

Students who attempt to gain unfair advantage over others through academic
misconduct will be penalised by sanctions, according to the severity of the offence,
which can include exclusion from the University. Links to the relevant University
regulations and additional support resources can be found here:

Student Success Essentials Course which includes Academic Integrity

Access to course. -You will have to log into to MyUniHub and then MyLearning to
access the course.

Full details on academic integrity and misconduct and the support available can be
found at Academic Integrity | UniHub (mdx.ac.uk)

The Academic Integrity and Misconduct policy is available in our Public Policy
Statements (under Academic Quality) at: Our policies | Middlesex University London
(mdx.ac.uk)
Referencing & Plagiarism: Suspected of plagiarism?:
http://libguides.mdx.ac.uk/c.php?g=322119&p=2155601
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Referencing and avoiding plagiarism:

https://unihub.mdx.ac.uk/study/writing-numeracy/awl-resources/writing

The Middlesex University Students’ Union (MDXSU) Advice Service offers free and
independent support in making an appeal, complaint or responding to any allegations
of academic or non-academic misconduct.
https://www.mdxsu.com/advice

6.3 Extenuating circumstances:

There may be difficult circumstances in your life that affect your ability to meet an
assessment deadline or affect your performance in an assessment. These are known
as extenuating circumstances or ‘ECs’. Extenuating circumstances are exceptional,
seriously adverse and outside of your control. Please see link for further information
and guidelines:

https://unihub.mdx.ac.uk/your-study/assessment-and-regulations/extenuating-
circumstances

7. Assessment
Formative assessment: Formative assessment is completed during your year of
study and provides the opportunity to evaluate your progress with your learning.
Classroom assessment is one of the most common formative assessment techniques
although other activities and tasks may be used. Formative assessments help show
you and us that you are learning and understanding the material covered in this course
and allow us to monitor your progress towards achieving the learning outcomes for
module. Although formative assessments do not directly contribute to the overall
module mark they do provide an important opportunity to receive feedback on your
learning.

Formative assessment Deadline

Academic Reflective Account 10th January 2023

Summative assessment: Summative assessment is used to check the level of

learning at the end of the course. It is summative because it is based on accumulated
learning during the course. The point is to ensure that students have met the learning
outcomes for the course and are at the appropriate level. It is the summative
assessment that determines the grade that you are awarded for the module. There
are 3 assessment components in this module:

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The table below specifies the associated deadlines:

Summative Weightin Deadline Feedback

assessment g
Academic 60 % 17th April 2023 – 16:00 June 2023
Reflective Account (Local Time)
Personal Reflection 10 % 17th April 2023 – 16:00 June 2023
on the mediation (Local Time)
role play
Academic piece of 30 % 17th April 2023 – 16:00 June 2023
Writing (Local Time)

Before you submit your work for final grading, please ensure that you have accurately
referenced the work. It is your responsibility to check the spelling and grammar, as all
written assessments will assess technical proficiency in the English. This means
accurate and effective spelling, punctuation and grammar. Details of how it will be
assessed will be provided in the marking criteria for each assessment and the
University overall approach can be found within the Grade Criteria Guide in the
University Regulations https://www.mdx.ac.uk/about-us/policies (scroll to university
regulations)

Reasonable adjustments will be made for those students who have a declared
disability/specific learning condition which would affect performance in this area.

If you have submitted a formative or draft assessment, you will receive feedback but
no grade. The comments should inform you about how well you have done or tell you
about the areas for improvement. All assignments should be submitted online unless
specified in assessment briefs.

Reassessment for this module normally takes place in the following way:
A date for resubmission of deferred or resubmitted coursework is assigned and notified
to the relevant students posts the summer examination board and is usually in late
August. Students who either have to reseat or have not passed at the first go are
strongly urged to contact their module leader to ascertain the exact due date in August.
Further information is available at

https://unihub.mdx.ac.uk/study/assessment/regulations

Submission of Coursework: General Rules and Procedures

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1. Submission dates are indicated above and in the syllabus grid. To pass the
module, you must gain an overall pass grade based on the three pieces of work
together.
2. Coursework must be word-processed and submitted electronically in the form
of a Word document. A bibliography should be included at the end unless
otherwise stipulated. Cases must be cited correctly at the end, but full citation
may also be contained in footnotes. Please note that it is impossible for work
that is not properly referenced to achieve a good grade.
3. Word count must be recorded. You should fully attribute any judicial quotations
and passages taken from articles or textbooks. Failure to do so may result in
your work being referred to the Academic Registry for plagiarism.
4. Coursework that fails to state the word count, or states the word count
incorrectly, will be penalized by deduction of 2% from the total marks.
Coursework that exceeds the word limit will be penalized by deduction from the
total marks of 1% for every 2% that the word limit is exceeded. This is a
departmental rule and cannot be departed from on the basis of a tutor’s
discretion.
5. Coursework must be submitted, by the dates and times stated herein, by being
uploaded electronically on Turnitin via the module site on My Unihub. All
assignments are due at the relevant local time of the campus at which the
student is studying. That means the assignments of students undertaking their
studies in Mauritius are due by 16:00 MUT; students in Dubai must submit their
assignments by 16:00 GST; and students in Hendon must submit their
assignments no later than 16:00 GMT.
6. All submitted work will be checked for possible plagiarism, collusion and word
count using available software and other available sources of information.
Failure to submit assignments to Turnitin will result in the award of 0%. Note:
you must retain a copy of your own work.
7. Once the deadline has passed, you will not be able to submit your assignment.
Responsibility for submission on time rests with you; except for proven failures
of University systems, reasons for late submission relating to computer
malfunction will not be accepted. As stated above, you must retain a copy of
your work. The deadlines are fixed and missing a deadline will result in the
award of 0%. Extensions cannot be granted by the Module Leader or
Module Co-ordinators.
8. However, where you can demonstrate a good reason for an extension, or
suitable grounds to defer, you may apply for an extension or a deferral (a
process that is completely separate from any discussion you might have with
your module tutor). To apply for an extension or a deferral, you need to submit
an extension or a deferral request by completing the appropriate form available

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online. If you are granted an extension or a deferral, you will need to complete
your assessment within the additional period granted or at the next opportunity;
if you do so, you will not be subject to an assessment penalty. Please see the
following link for further information.
• https://unihub.mdx.ac.uk/your-study/assessment-and-regulations/deferral-
of-assessment/
9. Before you submit your work for final grading, please ensure that you have
accurately referenced the work. It is your responsibility to check the spelling
and grammar. If you have submitted a formative or draft assessment, you will
receive feedback but no grade. The comments should inform you about how
well you have done or tell you about the areas for improvement. All assignments
should be submitted online unless specified in assessment briefs.
10. Please note that any marks given for coursework during the academic year only
have provisional status to begin with; they are confirmed only on publication of
final results at the end of the academic year. This is because the University has
quality assurance procedures related to assessment that must be complete
before finalised grades are awarded.
11. Reassessment for this module normally takes place in the following way:
• A student who fails because of one or more than one elements will be given
the assessment re-sit grade ‘RC’, and only be required to resubmit the failed
piece or pieces of coursework (not to re-take all three assessments
including whichever assessments have been passed). Elements of
coursework that are retaken in this way are subject to a penalty (the highest
grade you can be given is the minimum pass grade). Elements of
coursework that are deferred, following a formal application made not to the
module tutors but through the University’s centralised system of deferral,
are not subject to a grade penalty in this way. Further information is available
at:
o https://unihub.mdx.ac.uk/study/assessment/regulations.
• The reassessments in the module typically take place following the Spring
term with the date and times for all reassessments to be announced at a
later date.

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7.1.1 Assessment (Coursework - Academic Reflection Account)

The following tables provides an example of the overview of the assessment
requirements.
7.1.1 Assessment 1 (Academic Reflective Account)
Assignment Academic Reflection Account
Module code Law 2115
Module title Alternative Dispute Resolution & Legal Ethics
Submission Monday - 17th April 2023, by 4 pm (Local time) via campus specific Turnitin
date, time submission portals on the Law 2115 module page on myunihub for Law
2115.
Feedback type Feedback (both in text and summative comment) will be available upon the
& date release of grades in June 2023.
Word count 2500.
Assignment Academic Reflection Account. .
type
Assignment Font style: Calibri,
structure and Font size: Text 12, Footnote 8
format Line spacing: 1.5 spacing
Formatting: Justify Text
Citation referencing style: OSCOLA.
Assessed The following module learning outcomes are being assessed;
learning The students understanding and ability to engage with the various professional
outcome (s) codes of conduct, including but not limited to the cab-rank rule, lawyers’ duties
to their client and to the court, confidentiality and the avoidance of conflicts of
interest;
The students understanding of the purposes, techniques, strategies and
theories of negotiating in the shadow of the law; The students understanding
of the roles of the various participants in negotiations, as well as the students
ability to assess and critic the participants performance and suggest ways or
methods that can improve performance next time out.
The students ability to assess the professional development of negotiation
practitioner using academic reflection.
Module 60%.
weighting %
Key reading Given that this assignment is an academic reflection account of a class,
and learning internal or external competition negotiation that the student has taken part in,
resources all readings in week 1-12 are relevant. Students are required as part of the
assignment to find additional pertinent academic articles and case law where
relevant to bolster their arguments and conclusions in addition to the readings.
Assignment marking criteria rubric (academic reflective account)
Please read this assignment marking criteria rubric in conjunction with the Rubric for Assessing
‘A Reflective Journal’ by John Kleefeld & Michaela Keet, that is posted on the module
myunihub page.
Section/ 1-4 5-8 9-12 13-16 17-20
criteria
Introduction All elements All elements Most Some of the Missing most
of the of the elements of elements of elements of
negotiation negotiation the the the
and the roles and the roles negotiation negotiation negotiation
 [Alternative Dispute Resolution & Legal Ethics - Law 2115

and duties and duties and the roles and the roles and the roles
identified identified and duties and duties and duties
expertly identified identified identified
Reflection: Excellent and A good Demonstrates Adequate Inadequate
Supported by well-informed understanding satisfactory content with content with
examples; understanding of reflection knowledge limited depth limited depth
correct amount of reflection and the and of reflection of reflection
of detail and the concepts understanding and limited and limited
concepts involved of reflections understanding understanding
involved of process of process
Conclusions: Expert Undertakes a Clearly Expression is Poorly
Conclusions conclusion of systematic expressed reasonably structured
with clear the analysis of with clear but and poorly
personal negotiation the observable analysis is expressed
development and future negotiation structure with unclear and future goals
goals goals and future limited future goals
goals goals unrealistic
References Broad and Good range Conventional Adequate but Account relies
relevant of appropriate references limited use of on no or one
readings references and readings references reference;
examined and used during used within during the evidence of
used the account the account account unexamined
selectively in personal
the account opinion
Presentation: The account The account The account The account The account
All components is very well is very well is well is unclear is unclear and
clearly expressed expressed expressed; expression of confusing with
presented and shows with some understanding information grammatical
understanding spelling errors of content with several and spelling
of content with spelling spelling and errors
and grammar grammar
errors errors

The following table details the support you will be receiving for this assignment and
the feedback opportunities you will have.
Support and draft feedback sessions for Insert assessment
Coursework briefing
Course work 1 assignment briefing will take place in week learning week 10
seminar.
Sample Assignments
Sample assignments from a previous student will be released post formative
submission deadline.
Students will receive feedback on their formative submission within 15 working
days of the submission deadline. Feedback will be inline and with summative
comment. General feedback will be given during an online session. Additional
individual feedback to clarify any student’s questions is available during office
hours by zoom, or in an online class and/or a combination as appropriate.
Additional support
Students can utilise additional support from the LET team and School of Law’s
GAA’s.
Students should expect help with citations, structure, explanation, etc.

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7.1.2 Assessment 2A (Personal Reflective Account)

Assignment Academic Reflection Account

Module code Law 2115
Module title Alternative Dispute Resolution & Legal Ethics
Submission Monday - 17th April 2023, by 4 pm (Local time) via campus specific Turnitin
date, time submission portals on the Law 2115 module page on myunihub for Law 2115.
Feedback type Feedback (both in text and summative comment) will be available upon the
& date release of grades in June 2023.
Word count 500
Assignment Personal Reflection Account.
type
Assignment Font style: Calibri,
structure and Font size: Text 12, Footnote 8
format Line spacing: 1.5 spacing
Formatting: Justify Text
Citation referencing style: OSCOLA.
Assessed The following module learning outcomes are being assessed;
learning The students ability to understand and access and evaluate the elements and
outcome (s) dynamics of mediation and critically analyse the role of the mediator.
The students ability to exhibit and apply their knowledge of the law and
negotiation skills to reach a practical settlement in a hypothetical legal dispute;
The students ability to conduct negotiations in a professional manner;
The students ability to prepare and proficiently conduct a mock mediation and
evaluate performance;
The students ability to critically reflect on their own performance in a mediation
and identify issues and possible improvements/solutions to them next time
out.
Module 10%.
weighting %
Key reading As this is a personal reflection, reading while relevant are not the focus of this
and learning assignment. No bibliography is expected nor are any footnotes or citations.
resources
Assignment marking criteria rubric (academic reflective account)
Please read this assignment marking criteria rubric in conjunction with the Rubric for Assessing ‘A
Reflective Journal’ by John Kleefeld & Michaela Keet, that is posted on the module myunihub
page.
Section/ criteria 1-4 5-8 9-12 13-16 17-20
Introduction All elements All elements Most elements Some of the Missing most
of the of the of the elements of elements of
negotiation negotiation negotiation the the
and the roles and the roles and the roles negotiation negotiation
and duties and duties and duties and the roles and the roles
identified identified identified and duties and duties
expertly identified identified

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Reflection: Excellent and A good Demonstrates Adequate Inadequate

Supported by well-informed understanding satisfactory content with content with
examples; understanding of reflection knowledge limited depth limited depth
correct amount of reflection and the and of reflection of reflection
of detail and the concepts understanding and limited and limited
concepts involved of reflections understanding understanding
involved of process of process
Conclusions: Expert Undertakes a Clearly Expression is Poorly
Conclusions with conclusion of systematic expressed reasonably structured and
clear personal the analysis of the with clear but poorly
development negotiation negotiation observable analysis is expressed
goals and future and future structure with unclear and future goals
goals goals limited future goals
goals unrealistic
References Broad and Good range of Conventional Adequate but Account relies
relevant appropriate references limited use of on no or one
readings references and readings references reference;
examined and used during used within during the evidence of
used the account the account account unexamined
selectively in personal
the account opinion
Presentation: The account The account is The account is The account is The account is
All components is very well very well well unclear unclear and
clearly expressed expressed expressed; expression of confusing with
presented and shows with some understanding information grammatical
understanding spelling errors of content with with several and spelling
of content spelling and spelling and errors
grammar grammar
errors errors

7.1.3 Assessment 2B (Essay)

Assignment - Essay
Module Law 2115
code
Module title Alternative Dispute Resolution & Legal Ethics
Submission Monday – 17th April 2023, by 4 pm (Local time) via campus specific
date, time Turnitin submission portals on the Law 2115 module page on myunihub for
Law 2115.
Feedback Feedback (both in text and summative comment) will be available upon the
type & date release of grades in June 2023.
Word count 1750
Assignment Essay.
type
Assignment Font style: Calibri,
structure Font size: Text 12, Footnote 8
and format Line spacing: 1.5 spacing
Formatting: Justify Text
Citation referencing style: OSCOLA..

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Assessed The following module learning outcomes are being assessed;

learning The students ability to understand and access and evaluate the elements
outcome (s) and dynamics of mediation and critically analyse the role of the mediator.
The students ability to critically reflect on their own performance in a
mediation and identify issues and possible improvements/solutions to them
next time out.
Module 30%.
weighting %
Key reading Given that this assignment is an academic essay dealing with an issue or
and issues to do with ADR, all readings in week 1-24 are relevant. Students
learning are required as part of the assignment to find additional pertinent
resources academic articles and case law where relevant to bolster their arguments
and conclusions in addition to the readings.
Assignment marking criteria rubric (Literature Review)
Please design assessment criteria for each assignment in line with the module's learning
outcomes. You are encouraged to use the rubric function (My Learning Assignment or
Turnitin) on My Learning.
Section/ 1-4 5-8 9-12 13-16 17-20
criteria
Introduction Outstanding Thorough Evidence of Adequate Discussion
: A clear discussion discussion some discussion and
rationale for and and discussion and justification
the topic justification justification and justification of topic
choice of topic of topic justification of topic selected is
selected selected of topic selected inadequate
selected
Discussion: Excellent Good Demonstrate Adequate Inadequate
Content: and well- understandin s satisfactory content; content;
relevant and informed g of theories knowledge limited depth limited depth
informative, understandin and and of of
applying g of theories concepts understandin knowledge knowledge
depth of and involved g theories and and
knowledge concepts and understandin understandin
and involved concepts g shown g shown
understandin
g
Conclusion: Tightly Undertakes Sound Adequate Inadequate
Clear structured, a systematic conclusions conclusions conclusions
conclusions logical and analysis of to the topics to the topics to the topics
from the draws the issues covered covered covered
literature coherent and draws
conclusions coherent
to the topics conclusions
covered to the topics
covered
References: Broad and Good range Conventional Adequate Review
Reference to relevant of references but limited relies on no
sources readings appropriate and readings use of or one
including examined references used within references reference;
directions for and used used during the review during evidence of
further study selectively in the review review unexamined
the work personal
opinion

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Presentation Very well Very well Well Unclear Several

: expressed expressed; expressed; expression spelling and
Clearly and good understandin of grammatical
presented understandin understandin g of content information; errors
with limited g of content g of content with several little
spelling and with limited with some spelling and/ understandin
grammatical spelling or spelling and/ or g of content;
errors grammatical or grammatical several
errors grammatical errors spelling and
errors grammatical
errors

7.2 Feedback on your assignments

You will be provided with formative feedback on coursework 1 only that is helpful and
informative, consistent with aiding the learning and development process. The nature
of the feedback shall be determined at programme level but may take a variety of
forms including: written comments; individual and group tutorial feedback; peer
feedback; or other forms of effective and efficient feedback.

Feedback will normally be provided within 15 WORKING DAYS of the published

coursework component submission date as stated in the programme handbook.

7.3 How is your assignment mark agreed?

The following diagram provides an overview of the marking process for your
module assessment. Further information on the role of external examiners can be
found at. http://unihub.mdx.ac.uk/your-study/ensuring-quality/external-examiners

• You submit your assignment

1

• The first marker grades the work and provides feedback; this could be completed
2 anonymously depending on the assessment type.

• A moderator or second marker reviews a sample of the work to quality assure the
grades and feedback, to ensure they are accurate. A final mark for the work is
3 agreed between the first marker and the moderator or second marker.
• A sample of work is sent to the External Examiner to check that the grading and
feedback is at the right level and in line with external subject benchmarks (this
4 applies to levels 5 & 6 only)

• Your final grades are submitted to the subject assessment board.

5

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7.4 Anonymous Marking Assessment Policy

We have worked with the MDXSU to create an anonymous marking policy, in response
to student feedback. Anonymous marking ensures that your identity (your name,
student number and other personal/identifiable information) is not made available to
academics when they are marking your work. This means that you can have
confidence that your assessments will be marked anonymously. However, there are
some forms of assessment for which anonymity cannot be guaranteed and these are
recognised in the policy. We believe that it is important to provide you with the support
and guidance needed to help you develop and prepare for your final assessments
(those which count towards your final grades i.e. summative assessments). Therefore,
anonymous marking will not apply to learning activities and assessments that do not
contribute to your final grades (i.e. formative assessments). If you require further
information and support to understand how anonymous marking works in your
programme modules please contact the Module Leader for more information.

The Anonymous Marking Assessment Policy is available at:

https://www.mdx.ac.uk/__data/assets/pdf_file/0037/563599/anonymous-marking-assessment-
policy.pdf

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8. Learning Planner: (Hendon)

Date Week Lecture Seminar Deliver Staff Reading

y & online
((please rename as appropriate) (please give detailed
description of in-class activities
(online, on
activities for the day)
campus in
person etc)
27/9/22 1 Introduction - Role Play Scenarios No Seminar In person LK Y
4/10/22 2 What are Professional Legal Ethics Lawyers & Ethics In person LK Y
11/10/22 3 Solicitor Ethics - The Solicitors No Seminar In person LK Y
Regulatory Authority
Law and non-Lawyers Ethical Issues
18/10/22 4 Barrister Ethics Practical Legal In person LK Y
The Zealous Lawyer - Small/Large Ethical issues
Group discussions re assigned
readings
25/10/22 5 Independent Learning Week (ILW)
1/11/22 6 Irish & NY Legal Ethics The Cab Rank Rule In person LK Y

8/11/22 7 UAE – Dubai / Mauritian Legal Ethics No Seminar In person LK Y

Ireland/NY/Small/Large Group
discussions re assigned readings
15/11/22 8 Introduction to Dispute Resolution & Negotiation In person LK Y
Theoretical Framework: exercise
Role Playing Simulation
22/11/22 9 Conflict Dynamics & Emotions No Seminar In person LK Y
Negotiation Exercise
29/11/2 10 Active listening & Questioning Campus Specific In person LK Y
Campus Specific Negotiation Negotiation
Tournament Tournament
6/12/22 11 Introduction to Mediation No Seminar In person LK Y
technique
13/12/22 12 Role of the Mediator Role Playing In person LK Y
Small/Large Group discussions re Simulation
assigned readings
Festive Break

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10/1/23 13 Mediation (2) Session in relation In person TMcD Y

Guest Speaker (TBC) to guided
mediation - aids
student resilience,
capacity for self-
reflection & overall
student wellbeing*
17/1/23 14 Parties/ Advocates to a Mediation No Seminar In person TMcD Y
Mediation Roleplay (1)
24/1/23 15 Co-Mediation Mediation Roleplay In person TMcD Y
Mediation Roleplay (2) (3)
31/1/23 16 Mediation (3) - costs Conciliation No Seminar In person TMcD Y

7/2/23 17 Arbitration (1) Internal Mediation In person TMcD Y

Internal Mediation Competition Competition
14/2/23 18 Independent Learning Week (ILW)

21/2/23 19 Arbitration (2) Guest Speaker In person TMcD Y

(TBC)
28/2/23 20 Arbitration (3) No Seminar In person TMcD Y

7/3/23 21 Arbitration (4) Arbitration In person TMcD Y

Seminar
14/3/23 22 Arbitration (5) No Seminar In person TMcD Y

21/3/23 23 Arbitration (6) Guest Speaker In person TMcD Y

(TBC)
28/3/23 24 Conciliation No Seminar In person TMcD Y

Adjudication

*The Term 1 & 2 schedule of classes is tentative and potentially subject to change.

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9. University 20-point Scale

20-point scale General scale General scale (full Percentage used for aggregation
ranges) purposes only

(for areas marking directly to the 20 point

scale on modules with multiple assessment
components)

1 90%
80% - 100% 79.50% - 100%
2 77.5%
76% - 79% 75.50% - 79.49%
3 74%
73% - 75% 72.50% - 75.49%
4 71%
70% - 72% 69.50% - 72.49%
5 68%
67% - 69% 66.50% - 69.49%
6 65.5%
65% - 66% 64.50% - 66.49%
7 63%
62% - 64% 61.50% - 64.49%
8 60.5%
60% - 61% 59.50% - 61.49%
9 58%
57% - 59% 56.50% - 59.49%
10 55.5%
55% - 56% 54.50% - 56.49%
11 53%
52% - 54% 51.50% - 54.49%
12 50.5%
50% - 51% 49.50% - 51.49%
13 48%
47% - 49% 46.50% - 49.49%
14 45.5%
45% - 46% 44.50% - 46.49%
15 43%
42% - 44% 41.50% - 44.49%
16 40.5%
40% - 41% 39.50% - 41.49%
17 37%
35% - 39% 34.50% - 39.49%
18 32%
30% - 34% 29.50% - 34.49%
19 15%
0% - 29% 0.01% - 29.49%
20 Non-participation 0% 0% (non-submission of a component)

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