BUsiness Law

BUsiness Law Order Description MEDIATION MEMORANDUM INSTRUCTIONS Review the facts and law from the Contracts Analysis Case Study. What happened next: Marshall Petersen filed a lawsuit against the grape producer, alleging various breaches of contract. In response, the grape producer has requested that the parties try to mediate the dispute, using a mediation service provided by their church. Marshall has agreed and must now draft a confidential mediation memo that states his legal and factual positions about the issues in dispute. This memo will be confidential (not shared with the grape producer), so Marshall needs to provide the mediator with sufficient background to facilitate a settlement between the parties. Your assignment: Draft Marshall’s confidential mediation memorandum, using the following outline: 1. Facts of the case 2. Contract(s) at issue – summarize material terms 3. Legal issues 4. Requested remedies 5. Conditions under which settlement may be achieved (where compromise is possible) 6. Scriptural support (incorporated throughout) The memo must be styled as a business memo (see below) addressed from Marshall to the mediator, Alexis Fairchild, and must be at least 1,000 words. The analysis must be supported by at least 3 legal or scholarly sources, other than the textbook and course materials, cited in current APA format. Submit this assignment via SafeAssign by 11:59 p.m. (ET) on Sunday of Module/Week 4. For information on the proper format of a business memorandum, see the following websites: • How to Format a Business Memorandum • Sample Memo from OWL Purdue GRADING RUBRIC: Proficient Competent Novice Substantive Analysis 44 to 50 points • For each issue in the lawsuit, substantive legal analysis and arguments are provided. • Major points are stated clearly and supported by law and thoughtful analysis. • At least 3 scholarly and legal sources are integrated into the analysis and appropriately cited. • Biblical analysis is fully integrated. 35 to 43 points • A basic analysis of the issue at hand is provided. • For the most part, major points are stated clearly and supported by both law and thoughtful application to the facts. • At least 3 scholarly and legal sources are referenced and cited, but may not be fully integrated into the analysis. • Biblical analysis is superficial and not integrated. 0 to 34 points • The issues at hand are reviewed, but an in-depth analysis is not provided. • Key points are merely summarized or omitted and are substantially unsupported by both law and legal analysis. • Fewer than 3 scholarly legal sources are used or are not integrated into the analysis. • No biblical worldview is integrated. Completeness and Relevant Issues 24 to 30 points The majority of the legally relevant facts underlying the lawsuit and all of the legal issues are incorporated. 17 to 23 points Many of the legally relevant facts underlying the lawsuit and many of the legal issues are incorporated. 0 to 16 points Significant legally relevant facts underlying the lawsuit are omitted, and only a few of the legal issues are incorporated. Writing, Grammar, Usage, and Professionalism 15 to 20 points • The memo includes a minimum of 1,000 words. • Current APA formatting is correct. • Grammar, spelling, and usage are correct and demonstrate professionalism and graduate-level writing. • The assignment demonstrates the appropriate tone and organization for professional communication with a mediator on a matter of substantial interests to the plaintiff. 10 to 14 points • The memo includes a minimum of 1,000 words. • Current APA formatting is generally correct. • Grammar, spelling, and usage are correct. • The assignment demonstrates the appropriate tone and organization for professional communication with a mediator. 0 to 9 points • The memo contains fewer than 1,000 words. • Current APA formatting is incomplete or incorrect. • The assignment lacks the appropriate tone and organization for communication with a mediator. Total /100