Mediation Structure Self-Quiz
The structure of mediation:
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Courts order mediation:
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Usually, one uses the term “mediation
agreement” in order to indicate which of the following:
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Fred Aye’s Stairs Company
manufactures metal stairs which fit into tight spaces. The units are
always custom-made, and are quite costly. Because Fred prefers to spend
his time designing stairs and hates wasting time in court, he includes
the following clause in every Purchase Agreement which customers must
sign when tendering the 75% down-payment:
“Buyer and seller agree that any disputes between them will go to mediation before they can try to sue each other. (Fred also prefers to spend his money on fancy shoes rather than pay lawyers to write his contracts!)” Will a court enforce this agreement if a customer tries to sue Fred without attempting to mediate first? |
Fred’s son, George Aye
takes after his father. He likes fast cars, fancy shoes, and believes
himself to be smarter than any lawyer he’s ever met. Just like
his father, George owns his own business. As a child he loved honey so
much that he decided to open his own honey bee farm. He even came up
with the name for his farm all on his own: Aye’s Bees. George has
a head for “bzz”ness, and his farm has grown to hundreds
of acres employing dozens of workers. He provides honey for many retailers
in the area, who sell it under their own names. For years he has been
using the same Customer Agreement which he drafted with his very own
hands during his first few months of operation. Learning from his father
about the efficiency of mediation, he includes his own version of a mediation
clause:
"Purchaser hereby acknowledges and recognizes that in the event of any dispute, claim, or cause of action arising out of, or in connection with, Purchaser’s dealings, association, or relationship with Seller, the parties shall have the right to mediate said dispute, claim or cause of action prior to seeking redress in a court of law." George was quite proud of himself when he first came up with the language, and has not seen the need to change his contract over the years. When a large retailer suddenly files suit against George claiming that George had been feeding steroids to his bees to increase production, and that the steroids caused a recent shipment of honey to turn to liquid and permanently turn the inside of the truck sticky, George points to the mediation clause. The court, however, doesn’t see it George’s way, and permits the lawsuit to continue in court. Why? |
Before a mediation session
can begin, a mediator must be selected. Because of the important role
that mediators play in resolving legal battles, all mediators must be:
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Which of the following is
NOT a way in which a mediator might be selected?
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Once the mediator is chose,
mediation sessions do not always begin right away. Which of the following
would NOT be appropriate during the time between selection of the mediator
and the first session?
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True or false: Mediation usually
ends when the parties and mediator admit a deadlock or when the parties
reach a settlement agreement.
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Once the parties reach an
agreement during mediation their process is at an end.
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