Essay Questions - Final Exam
Mediation and Arbitration as Techniques for resolving conflict
Topic 1: Write a brief essay discussing (a) mediation and (b) arbitration as techniques
for resolving conflicts / disputes in modern society. What are the advantages and
disadvantages of each? How doe each compare to legal / formal adjudication through
the court system? Use the problems associated with divorce (the division of assets,
support, custody, etc.) to illustrate your answer.
mediation is when a neutral, coercive third party attempts to assist parties in coming to
an agreement
advantage: seeks mutual satisfaction and co-operation
in relation to divorce: mediation can help couples work out their problems without
forcing a decision and may prevent divorce or give suggestion on how the parties
can settle disputes over the division of property
arbitration is when a third party makes a decision for the parties, however it may or
may not be binding
disadvantage: does not seek mutual satisfaction and there is often one winner and
one loser
in relation to divorce: forces a decision to be made regarding divorce problems
such as property disputes, although the decision may not be legally binding it is
more official than mediation
advantages of both:
parties can voluntarily participate in these techniques
private
faster and less expensive than arbitration
disadvantages: final decision is not always binding
1
, Role of Lawyers
Topic 2: Write a brief essay discussing the role of lawyers with respect to their
obligations to clients including: partisanship, competence, loyalty, candour, proactivity,
and confidentiality. Give two examples of situations in which lawyers can find
themselves in an ethical dilemma in relation to any of the above. Please use examples
to illustrate your answer.
obligations to clients:
partisanship: favour the side of their client and act on behalf of the client, obligation
to put their client’s interest above and beyond those of everyone else
competence: requires lawyers to be competent and deliver services in a
conscientious and efficient manner
loyalty and conflict of interest: must be loyal to their clients and make complete
disclosure to their clients about conflicting interests that exist or could arise
candour: deal with clients in an open and honest manner, refrain from assurances
pro-activity: duty to actively pursue their client’s case
confidentiality: cannot divulge or share client’s information with others
ethical dilemma:
when confidentiality would result in them withholding information such as the
existence of ongoing fraud - conflicts with their duty as an advocate of the law
hiding evidence in order to fulfil their obligations to act in the best interest of their
client or according to their clients wishes results in the obstruction of justice
Compare and contrast the following theories of law and social order
Topic 3: Compare and contrast the following theories of law and social order. Discuss
how law evolves and how it contributes to social order in each of these three models.
(a) the consensus model (b) the pluralistic model (c) the conflict model
consensus:
society is united by agreement on fundamental norms and values
laws are unbiased, neutral framework for maintaining social integration, they
reflect the collective will of people and serve all equally
2
Mediation and Arbitration as Techniques for resolving conflict
Topic 1: Write a brief essay discussing (a) mediation and (b) arbitration as techniques
for resolving conflicts / disputes in modern society. What are the advantages and
disadvantages of each? How doe each compare to legal / formal adjudication through
the court system? Use the problems associated with divorce (the division of assets,
support, custody, etc.) to illustrate your answer.
mediation is when a neutral, coercive third party attempts to assist parties in coming to
an agreement
advantage: seeks mutual satisfaction and co-operation
in relation to divorce: mediation can help couples work out their problems without
forcing a decision and may prevent divorce or give suggestion on how the parties
can settle disputes over the division of property
arbitration is when a third party makes a decision for the parties, however it may or
may not be binding
disadvantage: does not seek mutual satisfaction and there is often one winner and
one loser
in relation to divorce: forces a decision to be made regarding divorce problems
such as property disputes, although the decision may not be legally binding it is
more official than mediation
advantages of both:
parties can voluntarily participate in these techniques
private
faster and less expensive than arbitration
disadvantages: final decision is not always binding
1
, Role of Lawyers
Topic 2: Write a brief essay discussing the role of lawyers with respect to their
obligations to clients including: partisanship, competence, loyalty, candour, proactivity,
and confidentiality. Give two examples of situations in which lawyers can find
themselves in an ethical dilemma in relation to any of the above. Please use examples
to illustrate your answer.
obligations to clients:
partisanship: favour the side of their client and act on behalf of the client, obligation
to put their client’s interest above and beyond those of everyone else
competence: requires lawyers to be competent and deliver services in a
conscientious and efficient manner
loyalty and conflict of interest: must be loyal to their clients and make complete
disclosure to their clients about conflicting interests that exist or could arise
candour: deal with clients in an open and honest manner, refrain from assurances
pro-activity: duty to actively pursue their client’s case
confidentiality: cannot divulge or share client’s information with others
ethical dilemma:
when confidentiality would result in them withholding information such as the
existence of ongoing fraud - conflicts with their duty as an advocate of the law
hiding evidence in order to fulfil their obligations to act in the best interest of their
client or according to their clients wishes results in the obstruction of justice
Compare and contrast the following theories of law and social order
Topic 3: Compare and contrast the following theories of law and social order. Discuss
how law evolves and how it contributes to social order in each of these three models.
(a) the consensus model (b) the pluralistic model (c) the conflict model
consensus:
society is united by agreement on fundamental norms and values
laws are unbiased, neutral framework for maintaining social integration, they
reflect the collective will of people and serve all equally
2
