Juanita Solis has a degree in restaurant management and worked last year in her family’s restaurant. Recently, Juanita’s parents died, and the last will and testament named Juanita as manager of the restaurant. Her older sister, Carmen, had expected to be named manager, as she had worked almost eight years in the business and put up with their mother’s abusive personality for the sake of the family and the business; without Carmen’s help the business would not have made it, and Juanita would not have been able to finish school. To soothe her feelings, Juanita made Carmen night manager, but then demoted her back to waitress. Carmen is not happy with the new situation, and started drinking heavily when she was passed over.
Juanita has now managed the restaurant well for one year and believes that her sister Carmen has an alcohol addiction problem. Carmen misses work relatively frequently, and her breath smells of whiskey even during work hours.
One night after work, Carmen was drinking whiskey and cola and talking to Juanita at the bar while Juanita was counting receipts. When Carmen got up, she spilled her drink, and then slipped on the spill, hurting her back severely. Now Carmen has sued the restaurant for negligence.
Juanita was astounded when she received notice of the suit but was even more surprised at what the other siblings said when told of the situation: “You know mom gave you the job just because Carmen was the only one who stood up to her! It was mom’s last misdeed, and now you are perpetuating that. You are ripping this family apart!”
The parties have agreed to attempt to resolve their dispute via ADR.
Carrying forward from the above scenario directions to begin mediation, you should have mediated the matter, and you should have come to a reasonable agreement. In reality, this is not that easy, as many conflicts and disputes are not resolved in a timely manner or via ADR methods. In fact, many matters that are not resolved in ADR are resolved via litigation.
*** you are to draft an agreement from this collaboration and mediation. The assignment should be at least 2 pages in length. The agreement is your proposed agreement and not the group’s agreement. This means each party will draft his or her own proposed agreement.
Additionally, you are to answer the following questions in a length of at least two full paragraphs and no more than one page per question:
What strategies and methods were used in the mediation by each party (i.e., plaintiff, defendant, and mediator)? Were these strategies and methods effective? Why?Why not?
How and why did you agreed to the particular result noted in your agreement?