Course applications closed
New course to be offered from September/October 2019.
The range of entities making independent decisions over a multiplicity of complaints, disputes and entitlements is ever–increasing. Tribunals, adjudicators, disciplinary panels, ombudsmen and a gamut of appeals bodies are keystones of both public and, to a growing extent, private administration in Ireland. These quasi–judicial decision–makers walk an often tricky line between procedures adapted to their area of dispute resolution, the need for efficiency and speed, and the dominant requirement of due process.
This course aims to equip participants with the practical skills required to discharge the quasi–judicial decision–making processes. In particular, participants will:
Delivery is part–time over six weekends (Friday evenings and Saturdays) at intervals throughout the academic year, commencing Autumn 2019. Lectures from high calibre experts in judicial and quasi–judicial decision–making will be complemented by tutorials which will enable participants’ close focus and honing of skills most relevant to their own decision–making context. A panel event on managing challenging or vulnerable witnesses will be held before evening dining in the King’s Inns, which participants will be also invited to attend.
While lectures and tutorials will be the primary delivery method and attendance is preferred, blended options and e–learning components will be included across all elements of course.
Lectures will be recorded and students will be able to stream these recordings at a time of their choosing, dependent on their internet access. Supplementary materials will be provided online in a participatory forum established to support students’ learning. Attendance is preferable at all sessions, but in particular at tutorials, workshops and round–table events.
Course Start Date: to be confirmed
Application Deadline: to be confirmed
Please note that this is a provisional schedule.
Principles of due process:
1. Overview of quasi–judicial landscape in Ireland (Lecture)
2. Ensuring Due Process pre–hearing (Lecture)
3. Ensuring Due Process during the hearing (Lecture)
4. Source of decision–maker’s powers (Lecture)
5. Tutorial presenting and critiquing procedural rules of a variety of quasi–judicial bodies
6. Workshop on creating fair procedural rules.
The Decision Maker–impartiality, ethics and independence from appointing body:
7. Ensuring decision–maker’s impartiality (Lecture)
8. Decision–maker’s independence from and relationship with appointing body (Lecture)
9. Addressing unconscious bias (Lecture/Workshop)
10. Ethics – Acting judiciously inside and outside the decision–making process (Tutorial)
Evidence–its purpose, admissibility and weight:
11. Evidence: burden and standard of proof (Lecture)
12. Admissibility and status of evidence, (Lecture)
13. Making decisions on evidence before and at the hearing, (Tutorial)
14. Preparing for a hearing, (Tutorial)
Managing the dynamic of the hearing:
15. Moderated panel discussion on managing vulnerable and challenging witnesses
16. Working with interpreters (Lecture)
17. Opening hearing and setting the tone (Tutorial)
18. Reacting to unforeseen circumstances (Tutorial)
Hearing Dynamics II and Mock hearings:
19. Online and paper–based decision–making processes (Lecture)
20. Adjournments and due process (Lecture)
21. Mock hearings – Tutorials/Small group work
Making and recording the decision:
22. Analysis and decision–making (Lecture)
23. When to refer a question to the European Court (Lecture)
24. The anatomy of a good written decision (Lecture)
25. The decision–making process, (Tutorial)
26. Analysis and feedback on written decisions (Tutorial)
Assessment will be via two written assignments and an oral presentation, comprising:
This course will be suitable for people responsible for making quasi–judicial decisions, who are involved in the administrative structures around such decisions, or who are seeking training to enhance their applications for quasi–judicial roles in the future. The course is suitable for lawyers and people working in a regulatory context with familiarity with a rules–based approach to rights and entitlements.
To be confirmed.
Applications not opened yet.
Course applications closed
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