The Foxgate Case – Good Faith & Confidentiality Self-Quiz
Eddie and Freddy have been
at odds for quite some time. After Freddy sues Eddie, the judge orders
them to enter into mediation proceedings before the case goes to trial.
As a result of mediation, the two reach a settlement agreement. The mediator,
eager to receive more referrals from the judge (really, from the judge’s
clerk) immediately runs to the courthouse to tell the judge. What is
the BIGGEST problem?
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Sam and Sage are embroiled
in a bitter dispute over ownership of a food processing plant. When Sage
sues Sam, seeking sole ownership, the court mandates that the parties
attempt to resolve their differences through mediation before continuing
on to trial. During mediation, Sam, who is quite old, regularly fails
to show up at the agreed upon time, or shows up unprepared. When confronted
about this, Sam blames old age. Sage, however, believes that Sam is not
acting in good faith. May Sage report Sam’s conduct to the court?
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Maddie and Murphy are siblings
who disagree on many things, including who gets to own the antique couch
left to them by their parents upon their parents’ death. Murphy
sues Maddie, but before the case goes to trial they each experience a
twang of guilt and decide to attempt to resolve their differences with
the aid of a mediator. After entering into a mediation agreement, who
may tell the court about the parties’ plans?
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Uncle Fred’s Waterbed
Warehouse is a local business which specializes in the sale of – you
guessed it - waterbeds. “Uncle Fred” is really Fletch F. “Babar” Fletcher.
Fletch (or “Babar,” as he likes to be called) is slick, shady,
and all-around untrustworthy. Last year he was named as the defendant
in a class-action lawsuit, wherein it was alleged that his beds were
not, in fact, made of “space age, puncture-proof materials,” as
advertised, but rather from used rubber gloves held together with cheap
rubber cement. After a lengthy discovery process, Babar finally agrees
to voluntary mediation – just days before trial was set to begin.
Thinking this a sign of weakness, the plaintiff’s attorneys are
quite excited. That excitement waned, however, when 2 weeks into mediation
they found that crucial evidence had been stolen from their office. Days
later, one of their expert witnesses (a big name in the rubber glove
industry) had been threatened and was no longer willing to testify at
the mediation sessions. Clearly, Babar has engaged in criminal conduct.
Who may disclose this to the court?
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