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

question 5

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.
-Assuming the Uniform Mediation Act applies, did Dominic correctly tell Naomi that mediation is nearly the same as arbitration?

• A) No, he was incorrect. There are major differences between mediation and arbitration.
• B) He was correct because the only difference between the two involves the length of the proceeding.
• C) He was correct because the only difference between the two involves cost.
• D) He was correct because the only difference between the two involves whether a court reporter is present.
• E) He was correct because the only difference between the two involves the type of evidence that may be considered.

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Definitions:

Sieve Tube Elements

Specialized cells in the phloem of vascular plants that facilitate the transport of sugars and nutrients.

Parenchyma

A type of plant tissue made of living cells, usually with thin cell walls and large intercellular spaces, involved in functions such as photosynthesis, storage, and secretion.

Vessel Elements

Components in the xylem of plants that transport water and nutrients vertically.

Cuticle

The protective layer found on the outer surface of leaves, stems, and other organs of plants.