[Sexual harassment ADR] Naomi works at a fast-food restaurant which is owned by an international company located in Mexico.Naomi is very angry with her supervisor,who has been making inappropriate sexual comments to her and other employees.Naomi decides to sue and retains a lawyer,Dominic.Dominic talks with the owners of the restaurant and is informed that Naomi signed an agreement to mediate and also to arbitrate any claims.Naomi informed Dominic about other employees who entered into such agreements and later complained of harassment.Dominic promises her that under federal law,he is legally entitled to get copies of all documents used during any other mediations and arbitrations and that he is also entitled to get detailed information regarding what was said and agreed upon by them.Dominic also tells Naomi that,while he is not going to bring it up now,if they so choose,Dominic and Naomi can avoid the arbitration agreement because under a new federal law,such agreements cannot be enforced if one of the companies involved is internationally based.He also tells Naomi in response to her question about the possibility of mediation in her case to forget it,because mediation is pretty much the same thing as arbitration.Dominic tells Naomi that an option is to arbitrate and,if the outcome is bad at arbitration,file a court action in federal court.Dominic says that the federal court judge would not consider an arbitrator's decision in making a determination.
-Can Dominic obtain information regarding what occurred at previous mediations and arbitrations if the Uniform Mediation Act provisions and the Federal Arbitration Act apply?
A) Federal law does not entitle Dominic to any information introduced by the parties during previous mediations or arbitrations.
B) Under federal law,Dominic is entitled to all documents introduced at both mediations and arbitrations,and he can also get copies of statements,but only for proceedings at which a court reporter was present.
C) Under federal law,Dominic can get copies of documents but not accounts of statements in regard to both mediations and arbitrations.
D) Under federal law,in regard to mediations,Dominic can get copies of any written documents reviewed but not accounts of statements;and he cannot get any information regarding previous arbitrations.
E) Under federal law,Dominic can get accounts of statements but not copies of written documents in regard to both mediations and arbitrations.
Correct Answer:
Verified
Q5: Which of the following is an extension
Q6: Corporations should never use arbitration in international
Q7: Which of the following is accurate regarding
Q10: ADR is a process done only in
Q10: Which of the following is a type
Q11: What was the result in the Case
Q12: One type of ADR method is med-arb.
Q14: Private companies do not use mediation to
Q17: Negotiation in which each side seeks to
Q19: Courts are generally critical and unsupportive of
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents