[Sexual Harassment ADR] Naomi Works at a Fast-Food Restaurant Which

question 58

Multiple Choice

[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 and the Federal Arbitration Act apply?

• A) 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.
• B) 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.
• C) Under federal law, Dominic can get accounts of statements but not copies of written documents in regard to both mediations and arbitrations.
• D) Under federal law, Dominic can get copies of documents but not accounts of statements in regard to both mediations and arbitrations.
• E) Federal law does not entitle Dominic to any information introduced by the parties during previous mediations or arbitrations.

---

Definitions:

Prohibited Settlement

Prohibited settlement involves agreements that are disallowed by law or regulation, often because they involve illegal or unethical practices.

Trustee in Bankruptcy

A trustee in bankruptcy is a legally appointed individual or entity responsible for managing the estate of a bankrupt person, including the distribution of assets to creditors.

Bankruptcy and Insolvency Act

Canadian legislation that governs bankruptcy and insolvency proceedings, offering mechanisms for the resolution of financial distress.

Financial Obligations

Duties or commitments to pay money owed to others, which can include loans, leases, contracts, and other forms of debt.