Homework answers / question archive / ENT GUIDANCE The Assessment Guidance, below, contains a suggested list of matters that should be dealt with in your final written assessment

ENT GUIDANCE The Assessment Guidance, below, contains a suggested list of matters that should be dealt with in your final written assessment

Law

Share With

ENT GUIDANCE The Assessment Guidance, below, contains a suggested list of matters that should be dealt with in your final written assessment. This is essentially an abbreviated version of the Case Analysis and Negotiation Plan (which you have been referred to throughout the module) and covers all the Assessment Criteria against which the final written assessment will be evaluated. Should you wish to use the structure of the Assessment Guidance, as set out below, for your final written assessment, a soft copy template is available on the VLE in the Negotiation and Case Analysis Module under the Assessment tile. The final written assessment must be no longer than 3000 words. You should include a word count at the end of the assessment. LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT GUIDANCE Section A: Case Analysis In this section you should address the following matters: - What the relevant issues to be negotiated are; - What evidence you have / need in order to fully evaluate the issues; - With reference to the applicable law and commercial / industry information, the strengths and weaknesses of the matter; and - The effect this analysis has on each parties’ power and leverage, and any other factors affecting power and leverage. Section B: Negotiation Strategy In this section you should address the following matters: - The logistics of the negotiation including an evaluation of the appropriate negotiation environment detailing any contributing factors such as number of parties, timeframe and cultural / language issues; - With reference to the issues listed in answer to Section A above, the parties’ intended objectives, positions and interests; - The possible alternatives to a negotiated agreement; - Your client’s possible concessions to reach a negotiated outcome; - Your client’s opening position including your preferred agenda for the negotiation if deemed appropriate; - Consideration of the most appropriate method for closure of the negotiation, assuming a successful resolution to the matter is negotiated. Section C: Approach to the negotiation – Style and Techniques In this section you should address the following matters: - The most appropriate style that you would suggest is adopted for the negotiation; and - The techniques that you would use during the negotiation that would support and further the adopted style, with reasons. Section D: Presentation of Output Throughout the Assessment you should endeavour to ensure that: - Your writing and intentions are clear and appropriate for the audience to which the plan is directed; - You reference any sources of research you have quoted or ideas that you have adopted; and - You comply with the OSCOLA referencing system. LAW SCHOOL Page 1 of 1 LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS WORKBOOK Chapter E2: Case Study 2: Activity 2 and Case Study Facts for Britehampton United The Activity 2 instructions and Case Study Facts document contained in this chapter should be read and completed if you have been allocated the role of solicitor for Britehampton United for Case Study 2. Activity 2 Case Study 2 Footballer Transfer Case Study Sponsorship Agreement READING: Read the Footballer Transfer Case Study, Sponsorship Agreement Case Study Facts for Britehampton United, below, and the Legal Note / Industry Information document provided to you in Chapter E4 of this workbook. Please assume for the purposes of this activity that it is January 2021. TASK: Using the Case Study Facts provided below and Legal Note / Industry Information (Chapter E4), complete Sections A - C of the Case Analysis and Negotiation Plan in the form of the template set out in Part G of this workbook. You should complete the relevant Sections of the Plan from the perspective of (i.e. on the basis that you are acting for) Britehampton United. When completing each Section of the Plan, please consider the guidance provided to you in Sessions 1 – 8 of this module and in particular: - the completed suggested Plans provided throughout the module; - the lecture for Session 6; and - the lecture for Session 8. LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS WORKBOOK Case Study Facts – Britehampton United Case Study 2 Footballer Transfer Case Study Sponsorship Agreement The Parties: Party Proposed Sponsored Party Proposed Sponsor Name Britehampton United KTG Motors Commercial Director, Britehampton United Vice President of Marketing, KTG Motors Director of Marketing Europe, KTG Motors Lawyer representing Britehampton United Lawyer representing KTG Motors Karen Lloyd Location South coast, England English branch office and manufacturing plant – Swindon, England South coast, England Haru Sato Tokyo, Japan Max Carson Swindon, England Solicitor at Price Prior London, England In-house counsel Swindon, England The matter to be negotiated: Sponsorship Agreement for Britehampton United’s football shirts. The Facts: You are a solicitor in the sports law department of Price Prior and your client is Britehampton United. You take your instructions, on the matter of the sponsorship agreement, from the Commercial Director, Karen Lloyd. Following the Transfer negotiation with FC Kyoto and Player Contract negotiation with Kaito, Kaito was transferred to Britehampton United for the start of the 2020/2021 English football season. During the English summer transfer window for 2020, Britehampton United was also successful in acquiring the other players it needed to strengthen its squad. As a result of the hard work by all players including Kaito, Britehampton United have been playing very well and are currently placed10th in the Premier League mid-table. It believes that it has cemented its position as a strong Premier League club. Kaito has proved a worthwhile asset to Britehampton United, scoring over 30% of the club’s goals. He seems to have abated his previous party lifestyle and has proved to have a strong work ethic. He is still very famous in Asia and has grown in popularity in England and also Europe. He has therefore been a large contributing factor to a steep rise in merchandise sales, particularly of football shirts. Britehampton United was formed a little under a century ago in 1925 and has played from its current ground, Doves Park, since 1975. The ground has been developed on an ad hoc LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS WORKBOOK basis. It now seats 30,000 spectators at full capacity. Due to its piecemeal development, the ground is not a cohesively designed stadium like that of other Premier League football clubs and does not have all of the facilities that other Premier League clubs have. The executive committee at Britehampton United has been developing a ‘ground improvement’ plan. It has prioritised the following areas for investment: 1. upgrading the dressing room and treatment room areas for players; 2. redesigning and refurbishing the catering and hospitality boxes and suites, and adding conference facilities as an additional potential source of revenue; 3. improving the fans’ experience by installing technology to allow season ticket holders to use wifi in all areas of the stadium, and making cosmetic improvements to the food and drinks concessions stands; and 4. making any necessary changes to eliminate single use plastics from the stadium. The executive committee has researched the cost, time and work involved in making these improvements. If the capital can be made available, it would like to complete the works within the next 18 months, at an estimated cost of £25 million. Karen Lloyd has told you that, in order to raise the capital required for the stadium improvements, Britehampton United is keen to make the most of its growing popularity and position in the Premier League by expanding its portfolio of sponsors and maximizing its revenue stream from sponsorship. The alternative would require selling players or raising debt to fund the improvements, neither of which are attractive options. In particular it wishes to look at the football kit sponsorship. The current sponsor (a travel company) has indicated that it is changing its marketing strategy and is therefore unlikely to want to renew its deal when it expires in May 2021. If it does renew, it would be for a one-year period only. Due to Kaito’s influence in growing Britehampton United’s profile and popularity in Asia, the Business Development team identified KTG Motors as an ideal sponsor for the football kit. KTG Motors is a Japanese car manufacturer with a strong presence in Asia. At the moment it has a relatively small presence in the wider international market, but it is known to have invested heavily in its car manufacturing plant in England with a view to increasing its car sales throughout Europe. Accordingly, Karen Lloyd has been in discussions, initially with Max Carson and more recently with Haru Sato of KTG Motors with a view to entering into a sponsorship agreement. Initial discussions have been positive. Karen understands that KTG Motors is targeting the hybrid and electric car market for future growth and is looking to secure its name as a leading manufacturer in this market. It is actively looking for sponsorship and marketing opportunities to promote its brand, in particular to tie in with the launch of a new car in 2021. Haru Sato has been particularly impressed with Britehampton United’s mission to eliminate single use plastic at its stadium, as it is a good fit with the eco-friendly credentials of its brand. Karen has also been told that KTG’s CEO is a football fan and has followed Kaito’s career with interest. You have been instructed to advise on the terms of the sponsorship agreement and to draft any eventual agreement reached. After initial discussions between Karen Lloyd and Max Carson, you were asked to attend the most recent negotiations, which have been conducted over the past month, either through video-conferencing or in person at KTG Motors’ branch office in Swindon. LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS WORKBOOK It has been agreed that a further meeting will take place, before the end of February 2021, at which Karen Lloyd, Max Carson, Haru Sato, the in-house lawyer for KTG Motors and you will all be present. This meeting is to discuss some of the most important and key terms of the sponsorship agreement and Karen Lloyd is therefore keen to have this meeting at a neutral venue. She has asked your advice as to how this negotiation should be conducted as she is sure that this round of negotiations will determine whether a sponsorship agreement will be reached. Max Carson is on holiday for the first two weeks of February 2021 but available thereafter and Haru Sato is planning on visiting the Swindon offices of KTG Motors during the last week in February. Karen Lloyd has said that she will make herself available whenever and wherever a meeting can be scheduled. You are available for meetings in the last week of February also and you are waiting to hear from the in-house lawyer for KTG Motors as to their availability. The main terms that are to be discussed at this next negotiation meeting are as follows: Grant of Rights, Exclusivity and Product Category: At the most recent negotiations that you attended it was established that Britehampton United is able to grant sponsorship rights for its kit. You can assume that any intellectual property rights over the KTG Motors logo and its use have been agreed between the parties. You do not therefore need to consider this issue in this negotiation. The scope of the sponsorship has not yet been agreed. KTG Motors want the sponsorship to cover home and away kit and the players’ training kits. It also wants the right to use a minimum of 25% of the advertising space available within the stadium and for its logo to be displayed in the background of any media interviews. The breadth of the exclusivity clause has also not yet been agreed. KTG has asked for a ‘clean stadium’ clause confirming that no other car manufacturer will be able to advertise either in or near the stadium or in the match programmes produced by Britehampton United. It also wants to be the sole sponsor of the football kits so as to gain maximum coverage. Karen Lloyd has confirmed that all the kits (home kit, away kit and training kit) are potentially available for sponsorship, however this would be reflected in the fee agreed. There are potential opportunities to obtain separate sponsorship for the training kit from a sportswear company. Recent changes in Premier League rules have also allowed clubs to feature sponsors on their shirt sleeves, so there may be additional sponsorship opportunities available. Karen Lloyd has confirmed that she could grant exclusivity in so far as she could agree to not allow any other cars to be advertised in the stadium and its surrounding grounds (i.e. immediately around the stadium and its car park). However, she has instructed that it would be difficult to secure exclusivity in relation to advertising on hoardings at the local bus and tram stops or on the approach to the stadium. The stadium site has a number of different approaches to it and many of these are ‘A’ roads or public transport that cannot be controlled. If absolutely pushed, she has made enquiries with the local authority (who owns the advertising hoardings immediately outside the site of the proposed stadium) and could possibly collaborate with the local authority in relation to the advertising it allows on those hoardings. LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS WORKBOOK A more immediate problem is that Britehampton United is just about to enter in to a sponsorship agreement with a British car manufacturer regarding sponsorship of its match programmes. The car manufacturer has recently expanded in to the design and manufacture of motorbikes and is seeking to promote this at Britehampton United. The agreement would be for a term of 2 years and involves carrying the car manufacturer’s most recent motorbike advertisements on the front and inside covers of each match programme. A competition will also be held in the match programme for a spectator to be able to win a motorbike, once each football season. No exclusivity provision has been discussed in the sponsorship negotiations with the British car manufacturer. Karen Lloyd has instructed you that Britehampton United is keen to enter in to the sponsorship agreement for match programmes with the British car manufacturer. Given that this other sponsorship agreement relates to motorbikes and not cars, the best case scenario would be for Britehampton United to be able to enter in to both sponsorship agreements. Having said that, the sponsorship agreement with the British car manufacturer is not as lucrative as the potential sponsorship agreement with KTG Motors. Length of Sponsorship: Britehampton United would be willing to enter into an agreement for as long as possible to secure a revenue stream (up to 10 years maximum). Karen Lloyd has said that Britehampton United will not agree to any term providing for automatic termination of the sponsorship agreement on the basis that is has been relegated. KTG Motors has indicated that it wants a 3 year agreement with an option to extend, and the right to terminate the agreement if Britehampton United is relegated. This is the first time that it has entered into this scale of a sponsorship arrangement and it is anxious about making a longer term commitment. Sponsorship Fee and Payment Terms: Britehampton United would require a minimum of £5 million a year for the term of the sponsorship agreement. If possible it would prefer to receive a higher initial payment (to help fund the improvements). In addition to the early termination rights outlined above, KTG will seek a clause stating that if the contract is not terminated, the agreed annual fee will be reduced by 60% if Britehampton is relegated to the Championship League, and a further 20% if it is relegated to a lower division. Britehampton United would be willing to agree a drop in the annual sponsorship fee by 15% if the club was relegated from the Premier League to the Championship League and a further 15% of the original annual sponsorship fee (30% in total) if it was relegated to any lower division. Similarly, Britehampton United would want an increase in the annual sponsorship fee by 20% if it finishes in the top 10 of the Premier League and a further 30% of the original annual sponsorship fee (so 50% in total) if it finishes in the top 4 of the Premier League. Karen has not yet discussed the detail of the fee proposal with Max, although the figure of £5.5 million a year has been put forward to KTG Motors. LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS WORKBOOK Marketing Events: KTG Motors’ Cup Competition: In June 2020, KTG Motors ran a football cup competition which took place in various stadiums throughout Japan. It was open to the top ranking football clubs from the top Asian leagues, who took part during their mid-season break. The cup competition was a huge success and generated a great deal of exposure for KTG Motors. As such, it plans on running the competition annually in June for 10 days. This year (2021) it wants to open the competition up to the top ranking football clubs of the top European Leagues. As part of the sponsorship agreement KTG Motors therefore wants a clause guaranteeing that Britehampton United will take part in the Cup Competition each year, for the term of the Sponsorship Agreement, with its first team players. It is particularly keen that Kaito’s presence is guaranteed whilst Kaito is playing well, given his popularity throughout Asia. Whilst Britehampton United would be happy to confirm some sort of presence at the cup competition, the executive committee has confirmed to Karen Lloyd that it would be impossible to guarantee any particular players would attend. June is at the end of the English football season and it is impossible to predict the fitness levels of the squad, injuries or other issues that may prevent them from playing. It might also want to use the competition to give its second team players some experience of playing top level football. Other Marketing Events: KTG Motors has specified a clause requiring attendance of Britehampton United’s players at five of its advertising and marketing events during each year, commencing with the date on which the sponsorship agreement is executed. It would want to choose which players to attend these events. Karen Lloyd has instructed that whilst Britehampton United would agree, in principle, to members of its squad attending up to five advertising and marketing events for KTG Motors this would be subject to any other sponsorship agreements that individual members of the squad have entered in to relating to car products. It also is concerned that the timings of the events do not interfere with training schedules. KTG Motors also wants five refurbished corporate hospitality boxes to be available for all home games for use by its employees, families and clients. Karen Lloyd does not see this as an issue. Note to students: Using the information provided, above, please now complete the Case Analysis and Negotiation Plan as instructed in Activity 2, above. In completing your Plan and preparing for the negotiation, Karen Lloyd and Britehampton United are willing to accept your reasonable advice. LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS WORKBOOK SESSION 9 ACTIVITY 2 SUGGESTED ANSWER BRITEHAMPTON UNITED/KTG MOTORS SPONSORSHIP AGREEMENT How to use the Assessment Guidance Throughout the module you have been referred to the Case Analysis and Negotiation Plan in the form of the template set out in Part G of the Workbook. The Case Analysis and Negotiation Plan is the planning document that should assist with your completion of your final written assessment. Your final written assessment should not be in the form of the template set out in Part G. Instead we recommend that you follow the structure of the Assessment Guidance. This document is intended to demonstrate how the Plan can be used to create your final written assessment, and provide an example as to how you might use the Assessment Guidance to structure your final written assessment. Note that this is intended as guidance only; your written assessment should also include an element of research on an aspect of the negotiation strategy. Examples of areas that you can research further are included within this suggested answer. Should you wish to use the structure of the Assessment Guidance, as set out below for your final written assessment, a soft copy template is available on the VLE in the Negotiation and Case Analysis Module under the Assessment tile. The final written assessment must be no longer than 3000 words. You should include a word count at the end of the assessment. LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT GUIDANCE Section A: Case Analysis In this section you should address the following matters: - What the relevant issues to be negotiated are; - What evidence you have / need in order to fully evaluate the issues; - With reference to the applicable law and commercial / industry information, the strengths and weaknesses of the matter; and - The effect this analysis has on each parties’ power and leverage, and any other factors affecting power and leverage. We act for Britehampton United (‘Britehampton’) in a commercial negotiation with KTG Motors (‘KTG’). KTG wishes to sponsor Britehampton as part of its marketing strategy for a new car launch. The sponsorship would involve using its logo on Britehampton’s football kit and other advertising opportunities. The issues to be negotiated are all commercial issues. 1. Scope of sponsorship. The parties need to agree the exact scope of the sponsorship. Strengths: Britehampton has three kits available for sponsorship (home, away and training kits). If KTG wants to sponsor all the kits, Britehampton can increase the fee. It has other parties potentially interested in sponsoring the training kit and the shirt sleeves of the home kit. Britehampton also has other advertising opportunities that it can offer and that KTG wants, in particular using 25% of advertising space in the stadium. Weaknesses: Agreeing to KTG sponsoring all the available kits would remove opportunities to find additional revenue streams, and perhaps lead to over-reliance on one main sponsor. Evidence: information about other potential sponsors, what is the total advertising space available at the stadium, detailed plans for the stadium improvements. 2. Exclusivity. KTG wants to be the sole shirt sponsor. It also wants a clean stadium clause for franchise and advertising rights so as to minimise the risk of ambush marketing. Strengths: Britehampton could offer a clean stadium clause, and in particular could collaborate with the local authority to restrict advertising on the hoardings immediately outside the stadium. It could justify a higher sponsorship fee for offering exclusivity. Britehampton is about to enter into a contract with a British car manufacturer to sponsor its match programme and advertise a motorbike in prominent pages in the programme. This relates to a promotion for motorbikes, therefore KTG may still allow this sponsorship. That contract does not contain any exclusivity clause. Weaknesses: the local authority may not agree these restrictions without some type of additional payment or contribution. The contract with the British car manufacturer has not yet been agreed, but withdrawing from that negotiation would remove another potential income stream (albeit not as lucrative as the KTG contract). Evidence: expert/factual evidence relating to the possibility of the local authority agreeing a clean stadium clause, copies of proposed advertisements and competition wording in the match programme, information about other potential sponsors. 3. Term of sponsorship and termination rights. The parties can agree the term of the contract, termination rights and options to renew. LAW SCHOOL Page 1 of 7 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT GUIDANCE Strengths: Britehampton wants a longer term contract and will resist any early termination rights. It has had a good start to the season and its place in the Premiership seems secure at least for this season. Weaknesses: KTG wants a 3 year term with an option to extend and termination rights in the event that Britehampton is relegated. Early termination on relegation would have a huge impact on Britehampton’s predicted revenue and therefore its budget. It might also lead to negative publicity if KTG withdraws sponsorship at the same time as the club is relegated. Evidence: expert evidence on likely impact of relegation and/or withdrawal of sponsorship on revenue, evidence on average length of term for other similar sponsorship deals in the market. 4. Sponsorship fee. Strengths: Agreeing a higher initial payment would help Britehampton carry out the works sooner, and therefore also benefit KTG. Britehampton seeks an increase in the sponsorship fee if it qualifies for European football. Playing European football would give KTG even more profile and a wider marketing platform. Britehampton has put forward its initial proposal for a minimum annual fee of £5.5 million. Weaknesses: KTG may not want to pay a higher up-front fee. A deduction in the sponsorship fee in the event that Britehampton is relegated would severely affect Britehampton’s revenue stream. Evidence: information about sponsorship deals with other clubs at a similar level. 5. KTG Motors’ Cup Competition: KTG wants Britehampton’s first team to play in this competition in Japan in June each year. Strengths: Playing in the competition would benefit Britehampton – it would potentially generate more revenue through merchandising, and would give its players (particularly its more junior players) experience of playing at a high level against top international teams. Weaknesses: Britehampton cannot agree to guarantee the presence of particular players, as this would be subject to injuries and any other commitments. Britehampton would want flexibility to choose which players participate. Evidence: details about the competition, e.g. which other teams are participating, dates. 6. Other marketing events: KTG wants players (of its own choosing) to attend 5 other advertising and marketing events each year. It also wants use of five corporate hospitality boxes. Strengths: Britehampton has corporate hospitality boxes available and can therefore include these as part of the overall package. The boxes will be refurbished and extended as part of the stadium improvement plan. Weaknesses: Britehampton would not be able to sell these boxes to other interested parties. Evidence: average cost of an annual debenture for a box, player contracts to check for any conflicting endorsements, plans for refurbished hospitality suite. Factors that increase power and leverage for Britehampton: ? KTG needs advertising space for its new car launch and to support its strategy of targeting the European market. ? KTG has chosen Britehampton because it sees there is a good ‘fit’ - Britehampton’s mission to eliminate single use plastics fits with KTG’s eco-friendly credentials. LAW SCHOOL Page 2 of 7 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ? ? ? ASSESSMENT GUIDANCE KTG also wants to partner with Britehampton because of the popularity of its key player, Kaito, both here and in Japan. Britehampton has other companies interested in sponsoring the training kit and shirt sleeves. KTG wants to finalise the contract before April so as to make arrangements to secure Britehampton’s presence at the June cup competition in Japan. Factors that increase the power and leverage for KTG: ? Britehampton needs to find a strong revenue stream through sponsorship in order to fund necessary stadium improvements. ? KTG is also negotiating with an actor as an alternative marketing strategy, although these negotiations are proceeding very slowly. ? Britehampton does not have a particular deadline, but we assume that the sooner it can secure the sponsorship, the sooner it can start the works. The parties are fairly evenly balanced in terms of leverage and power. Section B: Negotiation Strategy In this section you should address the following matters: - The logistics of the negotiation including an evaluation of the appropriate negotiation environment detailing any contributing factors such as number of parties, timeframe and cultural / language issues; - With reference to the issues listed in answer to Section A above, the parties’ intended objectives, positions and interests; - The possible alternatives to a negotiated agreement; - Your client’s possible concessions to reach a negotiated outcome; - Your client’s opening position including your preferred agenda for the negotiation if deemed appropriate; - Consideration of the most appropriate method for closure of the negotiation, assuming a successful resolution to the matter is negotiated. Logistics Karen Lloyd will lead the negotiations on the part of Britehampton, and she is based on the south coast of England. I am based in Central London. Max Carson will be leading the negotiations for KTG, together with KTG’s in-house lawyer. They are both based in Swindon. Haru Sato is based in Japan but will be visiting England in February. I will want to check that either Max Carson or Haru Sato has authority to agree terms at any meeting. The legal issues are not complex but there are a number of inter-related commercial issues and this is a high value transaction. Therefore, it would seem more appropriate for the negotiations to be conducted face-to-face. Preliminary information exchange can be managed by email or phone before the meeting in order to save time and costs. All parties will be present in England in the last 2 weeks of February, including Haru Sato. We should therefore arrange a face to face negotiation at that time. We could ask Karen if Britehampton has the facilities to hold any negotiation meetings at the stadium. It would be a good opportunity to show KTG the current stadium and the ground improvement plans, and to build relationships by introducing some of the key players to Max Carson and Haru Sato (particularly if they are also football fans). I would need to check that the stadium has break-out rooms and IT facilities, both of which will be needed. Alternatively, we could host LAW SCHOOL Page 3 of 7 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT GUIDANCE the meetings at our offices or, if KTG insists, a neutral venue. KTG might prefer that the face to face meetings take place at their offices in Swindon as they may see that this will give them an advantage. I would resist this suggestion. I could look for a neutral venue – although this would add to the costs, this would be insignificant in the context of the value of this transaction. I anticipate a full day face to face meeting. The deadline to conclude the negotiation is April 2021. This is to allow sufficient time to arrange Britehampton’s participation in the June cup competition. If a meeting can be arranged in late February this will give ample time to finalise the contracts before the deadline. [You could consider adding some commentary and research on the impact of setting deadlines/ time-limits for negotiations]. If Haru Sato is attending the meeting I will check if any interpreter is needed and also be aware of any cultural differences in negotiations with Japanese parties. [You could consider adding some commentary and research on cultural differences in negotiations]. Negotiation objectives, positions and interests The overall objective for Britehampton is to achieve the highest sponsorship fee possible and secure a long-term revenue stream to fund its ground improvement plan. KTG’s objective is to give a strong marketing platform for its products, in particular the new car launch in Autumn 2021. Britehampton position Sponsorship of home and away kit only and up to 25% of stadium advertising space, with minimum exclusivity requirements. Long term sponsorship (up to 10 years) with no early termination rights. LAW SCHOOL Britehampton interest To maximise revenue from all possible sponsorship opportunities, particularly while it is performing well. It needs to raise £25million to fund stadium improvement plans. It has already secured potential interest for a sportswear company to sponsor the shirt sleeves and a car manufacturer to sponsor its matchday programme to promote a motorbike. It is possible, but will be difficult to restrict advertising outside the stadium. To have a secure long term revenue stream and minimise the financial impact of relegation. KTG position KTG interest Sponsorship of home, away and training kit. Exclusive sponsorship of shirts and a clean stadium clause. Maximum coverage for its products, in particular the Vree car when it is launched in Autumn. KTG wants to prevent any competitor advertising its products at or near the stadium. A 3 year term with an option to extend, and early termination rights in the event of relegation. KTG is anxious about the effectiveness of sponsorship and so does not want to commit to a long term deal. It wants to protect its position in Page 4 of 7 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS A minimum annual fee of £5million, structured with a higher up-front fee. Increased fees if it performs well – 20% for finishing top 10 and a further 30% for finishing top 4 and qualifying for European football. Minimise any fee deductions in the event of relegation. Britehampton to control which players can attend the KTG cup competition and other marketing events, and also control the timings of any such events. Britehampton to choose which and how many hospitality boxes to allocate to KTG. ASSESSMENT GUIDANCE the event of relegation as this would lead to reduced TV coverage. Relegation would lead to reduced TV coverage and a smaller audience; this should be reflected in the agreed fee. A higher up-front fee will fund the stadium improvements. Qualification for European football would help KTG reach a wider audience. As above, it wishes to minimise the financial impact of relegation. Proposal for annual fee not yet known. KTG wants deductions of 60% if Britehampton is relegated to the Championship, and 80% if it is relegated to a lower division. It wants to use the cup competition to give experience to more junior players, and to give injured or tired players a break. Other events must tie in with training schedules. It also needs to ensure that the events do not conflict with individual players’ personal endorsement contracts. To maximise revenue by selling debentures to boxes. KTG wants first team players and to choose which players attend both the cup competition and the other five marketing events. KTG particularly wants Kaito to participate. Using first team players, in particular Kaito, will maximise the audience and therefore coverage for its advertising. Kaito is very popular in Japan and would therefore be a big boost to its marketing campaign. Use of five refurbished hospitality boxes. It wants space for corporate hospitality for family and clients. Alternatives to negotiated agreement Britehampton: ? ? ? ? KTG: ? ? ? ? Extend the current sponsorship by 1 year and consider options at a later date. Pursue discussions with alternative sponsors. I would need to take further instructions on other possible sponsorship deals, but this is likely to be the best alternative (BATNA). More detail is needed. Sell players or borrow money to fund the ground improvements. No sponsorship and delay the ground improvement plans. This is the worst alternative (WATNA). Pursue discussions with the actor. It seems likely that this is the BATNA for KTG. Find another club to sponsor (I do not have any instructions on this). Agree a more restricted sponsorship arrangement with Britehampton. No sponsorship or endorsement contracts. This is the WATNA for KTG as it will not meet its marketing strategy for the car launch. Both parties have alternatives. We would need more detail, but it appears that Britehampton’s BATNA is better than the BATNA for KTG, but also its WATNA is worse than that of KTG. This will give KTG some additional leverage in the negotiations. I would advise Britehampton to consider LAW SCHOOL Page 5 of 7 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT GUIDANCE what it can do to boost its BATNA or make it more secure. However, if KTG becomes aware that it is engaging in parallel discussions with alternative sponsors this may affect the relationship between them. Concessions and opening position This is a granular (rather than a linear) negotiation. Many of the issues are interlinked and it would be difficult to negotiate individual points in a vacuum. Britehampton could concede on the exclusivity requirements if this was reflected in a higher sponsorship fee and a longer term contract. My instructions are that it will not concede early termination rights, but it would concede on agreed deductions to the fee in the event of relegation. I would seek to tie this into agreed fee increases in the event that Britehampton finishes in a top 10 position, or qualifies for European football. I could also offer a concession on the length of the contract, linked with a demand for a higher fee or a higher up-front payment. [You could consider adding some research and commentary on how to link concessions to demands]. The scope of the sponsorship, exclusivity, termination rights and fee are likely to be the most contentious points. Even though these points will be the most difficult to agree, I would tackle them early on in the negotiation as they are so fundamental to the parties. Participation in marketing events will be easier to agree as it is not so fundamental and sensible compromises can be suggested on both parts. [Set out what you think would be an appropriate opening offer given your client’s instructions]. Planning the negotiation process It would be useful to agree an agenda in advance of the negotiation meeting to help focus the parties on the issues that need to be covered. This will help the negotiation run more smoothly. Before meeting with KTG I would ensure that I have full instructions on the extent of concessions that I can agree. As this will be a team negotiation, I would also agree with Karen which of us will lead on each part of the face to face negotiation. [You could consider adding some research and commentary on conducting a team negotiation and different roles that can be taken by different members of the negotiation team]. At the end of the negotiation, parties should sign a heads of terms documenting the terms of agreement. I would subsequently use the heads of terms to draft and agree the contractual documentation. The more detailed the heads of terms, the less likely it is that we will have protracted negotiations over the detailed contractual terms. Section C: Approach to the negotiation – Style and Techniques In this section you should address the following matters: - The most appropriate style that you would suggest is adopted for the negotiation; and - The techniques that you would use during the negotiation that would support and further the adopted style, with reasons. It will be important to maintain a good relationship with KTG as both parties want to enter into a long term commercial relationship with each other. The underlying objectives of the parties point towards a venture that it is mutually beneficial. In these circumstances, a collaborative approach would be most appropriate. This is also supported by the fact that LAW SCHOOL Page 6 of 7 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT GUIDANCE the parties have relatively equal power and leverage in the negotiation and there is not currently an imminent deadline to complete the negotiations. [Include here an example of how you would approach one element of the negotiation to demonstrate a collaborative approach. You could, for example, discuss and give a detailed explanation of: ? Using questioning and/or persuasive techniques to ascertain KTG’s objections to a separate sponsor for the shirt sleeves; ? The circumstances in which it might be appropriate to switch to a competitive style; ? How you would open the negotiation in a manner that will build trust. Note that these are examples only, you may decide to focus on a different aspect of the negotiation.] Section D: Presentation of Output Throughout the Assessment you should endeavour to ensure that: - Your writing and intentions are clear and appropriate for the audience to which the plan is directed; - You reference any sources of research you have quoted or ideas that you have adopted; and - You comply with the OSCOLA referencing system. LAW SCHOOL Page 7 of 7 LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT Negotiation and Case Analysis Assessment May 2021 Assessment Information This Negotiation and Case Analysis Assessment file comprises: - Assessment Information; - Case Study Facts; - Legal Note / Industry Information; and - Sketch Plan. To complete the assessment, you should: 1. Access, read and follow the directions in the Assessment Instructions document which can be found on the VLE in Negotiation and Case Analysis under the ‘Assessment’ tile. 2. Complete your assessment using the Case Study Facts and Legal Note / Industry Information / Sketch Plan provided below. You should follow the template set out in the Assessment Guidance available on the VLE in Negotiation and Case Analysis under the ‘Assessment’ tile and complete all sections of the Assessment Guidance document. 3. You should complete the assessment from the perspective of (i.e. on the basis that you are acting for) Anaya Dhillon. 4. Complete the ‘Assessment Submission Sheet’ which can be found on the VLE in Negotiation and Case Analysis under the ‘Assessment’ tile and attach it to the front of your completed assessment. 5. Following the directions in the Assessment Instructions document, submit your Assessment Document by the submission deadline of 4.00pm on the date set out in your module information. Your Assessment Document should be ONE document, in Microsoft Word for Windows format or PDF, containing: i) the completed Assessment Submission Sheet (which you should not sign in order to protect your anonymity); and ii) your fully completed assessment. Please note that the current circumstances relating to the COVID-19 pandemic should be taken into account in this assessment _____________________________________________________________________________________ LAW SCHOOL 1 LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT Negotiation and Case Analysis Assessment Case Study Facts The Parties: Party Client Lawyer representing the client Sawyer Distribution Limited Name Anaya Dhillon You, solicitor at Price Prior Location North London Central London Peter Wilson, Managing Leeds Director Lawyer representing Sally Nugent, solicitor at Leeds Sawyer Distribution Limited Howells LLP The matter to be negotiated: Dispute between your client, Anaya Dhillon and Sawyer Distribution Limited (“SDL”), relating to a nearby property owned by SDL and operated as a warehouse/storage and distribution site. The Facts: You are the lawyer acting for Anaya Dhillon and will lead the negotiations with SDL on her behalf. Today’s date is 1 May 2021. Anaya is 38 years old. Two years ago she purchased the house at 5 Elm Park Crescent, London N22 3LS (the “Property”). Elm Park Crescent is a small road comprising five detached houses, located just off of Elm Park Road. The Property is a 3 bedroom detached house with a garden. The Property was built around 15 years ago as part of a small residential development. This part of London is the usual suburban mix of residential, retail and business use. Aside from SDL, other businesses within a 2-mile radius of the Property include various shops and offices but there are no other industrial premises. There are also a number of residential roads and a local park is nearby. The area is serviced by the nearby over-ground train station and a network of local roads. Anaya has provided you with a plan of the area which she has sketched (the “Sketch Plan”). The Sketch Plan is attached to these case study facts. The Property backs onto land owned and occupied by SDL (the “Site”). The Site is large and comprises an upper and lower yard. It has been used as a warehouse/storage and distribution site for around 20 years, although SDL purchased the Site around 5 years ago. SDL’s business is to provide a storage and distribution service for a variety of different companies. It receives the goods from around the country, stores them in its warehouses and delivers them to the desired location. SDL have seen an increase in demand for its services over the past 10-12 months as a _____________________________________________________________________________________ LAW SCHOOL 2 LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT result of the increase in demand in online shopping and therefore delivered products during the COVID-19 pandemic. Anaya decided to buy the Property after two inspections, both of which were during the day. She was aware that the storage and distribution site was nearby but she does not remember it being particularly noisy at the times that she visited. You check back on the Property purchase file and there was no mention of any dispute in the information provided by the seller (your firm acted on the Property purchase). In fact, for much of the time that she has been living at the Property, there has not been a huge amount of disturbance. There have always been two access routes to the Site. Until recently, the main access route to the Site was from the front of Site (the upper yard) which was a good distance away from the Property. The problems arose three months ago when SDL started to use the access route to the rear of the Site (the lower yard). This has now become the main way in which delivery trucks access the Site both to deliver and collect the goods. This has resulted in a large number of delivery trucks and heavy goods vehicles driving along Elm Park Road, parking and frequently blocking the road for other road users. Drivers often leave the engine on whilst they are waiting to enter the yard or whilst they are taking delivery of the goods. This adds to the general noise in the area. Anaya is also very frustrated that it has become increasingly difficult for her or any visitors to her home to park their car near the Property. Frequently the access route and roadway is blocked by delivery trucks, leading to traffic jams along Elm Park Road. As well as changing the access route, SDL appears to have changed the configuration of the Site and the location of different operations carried out at the Site. The main storage warehouses have been moved to the upper yard, and fork-lift trucks transport the goods from the storage area to the delivery vehicles in the lower yard. SDL uses fork-lift trucks that are fitted with audible reversing alarms as a safety measure to warn employees and visitors that the trucks are being used. The high pitched beeping noise emitted by the fork-lift trucks is almost constant throughout the day. Most of the disturbance that Anaya has already mentioned takes place during day time working hours (7am-8pm). At night time there are no deliveries, however Anaya has noticed that SDL is using guard dogs to protect the Site. The guard dogs are particularly patrolling the lower yard area and the barking of the dogs often disturbs her sleep. She does not think that there is an intruder alarm system and does not understand why SDL will not install such a system rather than using the guard dogs. She assumes that it is a cost-saving measure. A few of Anaya’s neighbours have mentioned to her that they are not happy with the parking and traffic situation; only Anaya’s direct neighbour at number 4 Elm Park Crescent has mentioned the noise but most of the neighbours’ houses do not back onto the Site, so she suspects that they are more sheltered from the noise. Last month, Anaya arranged to meet with the site manager, Steve Rackshaw. She listed the problems that she has been experiencing in the hope that Steve might be able to take some action to reduce the noise. He was very dismissive and slightly aggressive, telling her that business had increased during the COVID-19 pandemic and so the Site needed to be reconfigured to cope with the additional demand for storage and delivery and also to try to create a more COVID-19 compliant workplace. Steve said that she would just have to put up with it, SDL wasn’t going to spend more money on the Site and with regards to the fork-lift truck alarms, “his employees’ safety _____________________________________________________________________________________ LAW SCHOOL 3 LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT was far more important than a bit of noise”. Anaya asked one of the drivers why they were now using the rear entrance to the lower yard for most deliveries and he told her that it didn’t have anything to do with being more COVID-19 compliant and was simply to avoid the one-way system and therefore was a shorter and quicker route for the drivers; it cuts at least 10 minutes off the delivery times. Anaya also spoke to the local authority, which has responded to her to say that they have investigated and will not be taking any action. The local authority has not given any reason for its decision. Anaya is particularly concerned because she uses a room in her house for work as she runs her physiotherapy treatment business from the Property. Anaya has been able to continue to run this service throughout the majority of the COVID-19 pandemic (being within a healthcare context) and demand for her service has been strong throughout the pandemic. She works two days a week from an NHS practice and a further two days a week she receives private clients at the Property. Since the changes have been made at the Site she has noticed a drop-off in repeat appointments from her private clients. Her private clients have not given her any reason but she knows that they have had problems parking outside the Property and she strongly suspects that it is this as well as the noise from the Site that has impacted on her client base and her income. Until two months ago she was earning approximately £400 per week (net of tax) from her private practice and this income has since almost halved to around £250 per week. She wants to resolve this situation as soon as possible so that she can try to recover her business. If necessary she will find a treatment room elsewhere from where she can operate her private practice, although this will cost her money and be less convenient to her. Anaya has also spoken to a local estate agent who has told her that it will probably devalue the Property by around £10,000 if no changes are made to remedy the situation, and that it will take longer for her to find a purchaser. You carry out a company search of SDL and see that Peter Wilson is the managing director. SDL has warehouse and storage facilities in eight other locations around the country, and its registered office is in Leeds. You have viewed the last submitted company accounts and can see that despite Steve Rackshaw’s assertion that demand has increased, the financial situation of SDL is not healthy, it is making only a small profit. Anaya also tells you that she has looked up the company and found some industry sources indicating that SDL is in financial trouble and is seeking buyers for some of its sites. You also look at the terms of the planning permission for use of the site, but it does not appear that there has been any breach of the planning permission. Anaya asked you to send a preliminary letter to SDL in an attempt to ask it to revert to using the upper yard for deliveries and/or adopt some noise control measures particularly in relation to the delivery vehicles, fork-lift trucks and guard dogs. She also wants compensation for the damage that she has suffered and the loss of value of the Property. You have sent a letter of claim to SDL detailing Anaya’s complaints and setting out the claim for private nuisance. Your letter asks SDL to desist from carrying out any of the activities causing the nuisance, and also sets out Anaya’s claim for damages to compensate her for her loss of income and the loss of value of the Property. _____________________________________________________________________________________ LAW SCHOOL 4 LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT You received a response from Howells LLP. In summary, the letter of response denies liability, in particular it makes the following points: ? ? ? ? ? ? SDL is not liable in nuisance. SDL has planning permission to conduct its activities and is not in breach of the planning permission. Anaya knew about the existence of the yard when she purchased the house. Anaya is particularly sensitive. The cost of adapting any machinery and/or installing any acoustic screening would be prohibitive and would effectively put SDL out of business. SDL provides employment to 12 people and therefore is useful for the community as a whole. You have explained to Anaya the likely legal costs of bringing an action in private nuisance. You estimate that legal costs to trial would be in the region of £20,000 and that even if she were to win the claim there will be an element of costs that she will not be able to recover from SDL (likely to be around £7,000). You have explained that if Anaya loses her claim at trial, she would still have to pay your costs and is also likely to have to pay most of SDL’s legal costs. Anaya has decided that she would like to approach SDL to attempt to resolve the dispute amicably. Ideally she would like to sell the Property and move to a quieter location and receive compensation for her losses. She understands that it will be more difficult for her to find a buyer whilst she is still in dispute with SDL. In order to sell the Property (and even if she remains in the Property) she will need the noise to stop and to be able to park her car outside her Property. This is more important to her than the compensation claim, particularly if those changes can be made quickly to minimise the damage to her business. If a settlement meeting is arranged, she would like to attend but let you lead the negotiation. She has not met or spoken to Peter Wilson, but given the reaction that she received from Steve Rackshaw when she discussed the issues with him, she suspects that SDL will not be too willing to make compromises. She asks you to consider where and how the negotiation should take place, and how best to approach the negotiation. She is generally available and would like to move forward as soon as possible. The Sketch Plan can be found on page 8. _____________________________________________________________________________________ LAW SCHOOL 5 LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT Negotiation and Case Analysis Assessment Legal Note / Industry Information Legal Note / Industry Information LEGAL NOTE: The tort of private nuisance Private nuisance is usually caused by a person doing something on their own land, which they are lawfully entitled to do, but which becomes a nuisance when the consequences of their act extend to the land of their neighbour. The damage can be physical damage or interference with the quiet enjoyment of land, for example loss of enjoyment due to noise, dust, smells or vibrations. A person may sue in nuisance only if he has an interest in the land affected. The claimant must prove that the defendant’s conduct was unreasonable, thereby making it unlawful. The court undertakes a balancing exercise, weighing up the factors and circumstances of each case in deciding what is unreasonable. The Court will take the following factors into account when assessing the reasonableness or otherwise of the defendant’s use of land: ? The locality The character of the neighbourhood/locality will be relevant in determining what is reasonable. In Sturges v Bridgman (1879) 11 CH D 852 it was said “what would be reasonable in Belgravia Square would not necessarily be so in Bermondsey.” ? Frequency, duration and time of occurrence Night-time noise is likely to be considered more intrusive than daytime noise. The court will also consider whether the activity is frequent and how long it lasts. Generally, the more isolated and the shorter the duration the activity is, the less likely it is to amount to a nuisance. ? Sensitivity of the claimant The standard of tolerance is that of the “normal” neighbour. Abnormally sensitive claimants are unlikely to succeed. ? The utility of the defendant’s conduct An activity is unlikely to amount to a nuisance if it is useful for the community as a whole. This is a matter of fact. ? Malice It is not necessary to establish malicious behaviour on the part of the defendant but it may be regarded as evidence of unreasonableness. _____________________________________________________________________________________ LAW SCHOOL 6 LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT The fact that a defendant may have planning permission or other permit for the activity causing the nuisance is not in itself a defence to a nuisance claim. The claimant must prove damage which prevents the enjoyment or use of their land. The case of Bliss v Hall (1838) 4 Bing NC 183, where the claimant moved next door to a candlemaking factory which had been operating for 3 years established that it was not a defence that the claimant has “come to the nuisance” by acquiring or moving into their property after the nuisance had started. Remedies Appropriate remedies will be a claim for an injunction and/or a claim for damages. The principal remedy is generally an injunction, this could either be a mandatory injunction (ordering the defendant to do something) or a prohibitory injunction (to restrain the defendant from doing something). An injunction is a discretionary remedy, therefore an injunction will not be granted if: ? the injury caused by the nuisance is trivial or not serious, is one which is capable of being estimated in money and can be adequately compensated by a small money payment; and ? it would be oppressive to the Defendant to grant an injunction. The object of damages is to place the claimant in the position they would have been had the nuisance not occurred. The measure of damages for interference with a proprietary interest is generally the diminution in value of the claimant’s property as a result of the nuisance. It is not usually appropriate to make a separate award for personal distress or loss of amenity. Loss of profits or other expenses consequential on the nuisance may also recoverable, subject to the usual rules of reasonable foreseeability and mitigation. Disclosing disputes A property seller is usually asked to disclose to the potential purchaser any disputes or complaints regarding the property or a property nearby. Failure to disclose a dispute or complaint could lead to a potential claim by the purchaser in misrepresentation. A company seeking to raise money, either through borrowing or attracting equity investment, is usually required to disclose any ongoing or potential disputes against the company to the lender or investor. Failure to disclose could lead to a claim for misrepresentation or breach of contract. Industry Information: Noise reducing options commonly adopted at industrial sites include fitting low or white noise reverse alarms for fork-lift trucks and installing acoustic fencing. These options can be expensive. An acoustic expert can advise on acceptable noise levels and appropriate measures to be taken to reduce noise where necessary. _____________________________________________________________________________________ LAW SCHOOL 7 ASSESSMENT Anaya’s House LLM LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS End of Assessment _____________________________________________________________________________________ LAW SCHOOL 8 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT CRITERIA LLM: LEGAL PRACTICE NEGOTIATION AND CASE ANALYSIS: ASSESSMENT CRITERIA A A1 A2 A3 Students should be able to: Conduct detailed case analysis (Module Learning Outcome 1) Systematic understanding of law and commercial industry information. Effective synthesis of a wide range of information to identify the relevant issues and available / required evidence. Critical evaluation of strengths and weaknesses of the LAW SCHOOL Marks Fail 0-49% Pass 50-59% Merit 60-69% Distinction 70%+ 5 Poor understanding (or misunderstanding) of the relevant area of law / industry information with significant gaps. Demonstrates a very good knowledge and understanding of the relevant area of law / industry information. Demonstrates a thorough and systematic knowledge and understanding of the relevant area of law / industry information. 10 Identification of an inadequate number and / or irrelevant issues and evidence. Demonstrates a good knowledge and understanding of the relevant area of law / industry information although there may be some gaps or misunderstanding in that knowledge. Competent identification of the main relevant issues and evidence. Very good identification of the main relevant issues and evidence. Excellent identification of all or almost all relevant issues and evidence. 15 Poor assessment of strengths and weaknesses from Good assessment of strengths and weaknesses from Very good assessment of strengths and Excellent assessment of strengths and 30 Page 1 of 6 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS matter from the relevant client’s perspective including a critical assessment of each party’s power and leverage LAW SCHOOL ASSESSMENT CRITERIA either or both parties’ perspectives, as appropriate. either or both parties’ perspectives, as appropriate. weaknesses from either or both parties’ perspectives, as appropriate. weaknesses from either or both parties’ perspectives, as appropriate. Demonstrates a poor or lack of ability to identify and compare each party’s power and leverage in the matter Demonstrates a competent ability to identify and compare each party’s power and leverage in the matter. Demonstrates a very good ability to identify and compare each party’s power and leverage in the matter. Demonstrates an excellent ability to identify and compare each party’s power and leverage in the matter in detail. Page 2 of 6 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS B B1 B2 Students should be able to: Systematically evaluate and plan a negotiation strategy (Module Learning Outcomes 3) Effectively and thoroughly plan the logistical aspects of a negotiation. Synthesise all information and analysis of the matter in order to evaluate the issues to be negotiated. LAW SCHOOL Marks ASSESSMENT CRITERIA Fail 0-49% Pass 50-59% Merit 60-69% Distinction 70%+ Demonstrates little or no understanding of the different logistical issues. Demonstrates a good understanding of the different logistical issues. Demonstrates very good understanding of the different logistical issues. Demonstrates excellent understanding of the different logistical issues with a detailed and thorough approach. Poor assessment of the appropriate negotiation environment. Good assessment of the appropriate negotiation environment. Very good assessment of the appropriate negotiation environment. Outstanding assessment of the appropriate negotiation environment. Demonstrates a lack of ability to identify and manage any cultural issues. Inadequate identification of the relative objectives, positions and interests of the parties. Demonstrates a good ability to identify and manage any cultural issues. Good identification of some of the relative objectives, positions and interests of the parties. Demonstrates a very good ability to identify and manage any cultural issues. Very good identification of the key relative objectives, positions and interests of the parties. Demonstrates an excellent ability to identify and manage any cultural issues. Outstanding identification of all key and most other relative objectives, positions and interests of the parties. 45 10 10 Page 3 of 6 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS ASSESSMENT CRITERIA B3 Demonstrates creativity and commercial awareness in proposing options for resolution. 20 Lack of original thought or ability to devise and recommend appropriate and realistic available concessions, alternatives to a negotiated outcome and proposals for resolution given the context of the negotiation. Demonstrates some originality and ability to devise and recommend appropriate and realistic available concessions, alternatives to a negotiated outcome and proposals for resolution given the context of the negotiation. B4 Develop a clear, considered and appropriate plan for the bargaining and closing phases of the process of a negotiation. 5 Little evidence of consideration of planning the bargaining phase of the negotiation and how to best close the negotiation. Good consideration of planning the bargaining phase of the negotiation and how to best close the negotiation. LAW SCHOOL Demonstrates a very good amount of originality and ability to devise and recommend appropriate and realistic available concessions, alternatives to a negotiated outcome and proposals for resolution given the context of the negotiation Very good consideration of planning the bargaining phase of the negotiation and how to best close the negotiation. Demonstrates excellent originality and ability to devise and recommend appropriate and realistic available concessions, alternatives to a negotiated outcome and proposals for resolution given the context of the negotiation. Outstanding consideration of planning the bargaining phase of the negotiation and how to best close the negotiation. Page 4 of 6 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS C C1 Students should be able to: Demonstrate a systematic understanding of the component elements of the skill of negotiation and a critical awareness of the theoretical and practical approaches to a negotiation. (Module Learning Outcome 2) Select and utilise appropriate negotiation style(s) and technique(s). LAW SCHOOL Marks ASSESSMENT CRITERIA Fail 0-49% Pass 50-59% Merit 60-69% Distinction 70%+ Lack of understanding of the different negotiation styles and their relationship to the available negotiation techniques. Good understanding of the different negotiation styles and their relationship to the available negotiation techniques. Very good of understanding of the different negotiation styles and their relationship to the available negotiation techniques. Excellent understanding of the different negotiation styles and their relationship to the available negotiation techniques. Demonstrates a poor level of skill and identification of relevant and appropriate negotiation styles and techniques. Demonstrates a good level of skill and identification of relevant and appropriate negotiation styles and techniques. Demonstrates a very good level of skill and identification of relevant and appropriate negotiation styles and techniques. Demonstrates an outstanding level of skill and identification of relevant and appropriate negotiation styles and techniques. 15 Page 5 of 6 LLM: LEGAL PRACTICE: NEGOTIATION AND CASE ANALYSIS Marks D D1 D2 Presents output in an appropriate professional way and demonstrates professional development (Module Learning Outcome 5) Clarity of writing Range of sources and correct citation. ASSESSMENT CRITERIA Fail 0-49% Pass 50-59% Merit 60-69% Distinction 70%+ Poorly expressed, lacking in accuracy and clarity with much inaccurate or unclear material. Little evidence of personal research or research into a very narrow range of materials and sources. Sufficient accuracy and clarity, with some inaccurate or unclear material. Writes with a high degree of accuracy and clarity; wellpresented and easy to understand. Use of a diverse range of appropriate sources and evidence of considerable personal research. Absolutely clear, accurate and wellexpressed. Lack of proper use of citation and referencing. Demonstrates proper use of citation and referencing. Demonstrates proper use of citation and referencing. Demonstrates proper use of citation and referencing. 10 5 5 Use of appropriate range of sources. Demonstrates substantial research into a wide range of sources. NB – Module Los 4 & 6 are covered during the course of the module. LAW SCHOOL Page 6 of 6