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Sexual Harassment ADR. Jenny is very angry with her supervisor, Sleaze, at the Mexican fast-food restaurant at which she works which is owned by an
Sexual Harassment ADR. Jenny is very angry with her supervisor, Sleaze, at the Mexican fast-food restaurant at which she works which is owned by an international company located in Mexico. He has been making inappropriate sexual comments to her and other employees. Jenny decides to sue and retains a lawyer, Brice. Brice talks with the owners of the restaurant and is informed that Jenny signed an agreement to arbitrate any claims. Brice tells Jenny that it is completely up to her and that if she wishes, she can disregard the arbitration agreement and proceed to court. Jenny informed Brice about other employees who had complained about sexual harassment and entered into mediation agreements. Brice promises her that he will get copies of all documents and everything that was taken down by the court reporter at those mediations. He also tells Jenny 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. Can Brice obtain information from the previous mediators regarding what occurred at the previous mediations? o He can get the information only if the mediators in the other cases want to cooperate. o He can get copies of any written documents reviewed but not accounts of statements. o He can get accounts of statements but not copies of written documents. He cannot get from the mediator copies of documents or accounts of what was said because of the confidential nature of mediation proceedings. o He can obtain this information, but only if a court reporter was present at the previous mediations
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