Fact Pattern 3-2 Sally Tells You That She Is in a Dispute with a Dispute

question 15

Multiple Choice

Fact Pattern 3-2
Sally tells you that she is in a dispute with her employer regarding whether in denying Sally a promotion she wanted, the employer committed sex discrimination. Sally says that she has heard about both mediation and arbitration and asks you which would result in a quicker judgment in her favor because she does not particularly want to go to the time and expense of a court action. Sally also asks if, as a friend, you will go with her when she consults with a lawyer.
-Refer to Fact Pattern 3-2.What would you tell Sally regarding her request that you go with her,as her friend,to see her lawyer?

• A) That you would be glad to do so because you want to provide emotional support.
• B) That you should not go because your presence would destroy the attorney-client privilege.
• C) That you should not go because your presence would destroy the work-product privilege.
• D) That you should not go because your presence would destroy both the attorney-client privilege and the work-product privilege.

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Definitions:

Binding Mediation

A form of ADR in which a mediator attempts to facilitate agreement between the parties but then issues a legally binding decision if no agreement is reached.

Early Neutral

An alternative dispute resolution process where neutral evaluation is provided by an expert early in the case to help parties reach a settlement.

Uniform Arbitration Act

A framework of laws intended to provide a consistent approach to arbitration across different jurisdictions, facilitating easier dispute resolution.

Arbitration Clauses

Provisions within a contract that require disputes to be resolved through arbitration rather than through the court system.