PLBA 3004 Lecture Notes - Lecture 12: Pirkei Avot, Social Contract, Paralegal
Document Summary
Drafting issues: issue #1: voluntariness versus mandatory, you cant force someone to enter into a process with good faith. Idea of damages is a bit na ve: stay: putting in a mediation clause that requires someone to. Enforceability issues mediate before they can go to court. Role of confidentiality: general confidentiality, caucus confidentiality. Idea is that if you want parties to settle, you need to get them to talk abot their interests. In order for them to do that, they should feel like they wnt have the things used against them at a later time: without prejudice rule. Role of lawyers/paralegals: the text suggests sanction against l/p if they violate an ethical duty of not telling clients to settle. Judicial review: it"s a private agreement between parties + why would courts have any role at all, this might happen when there is a public interest involved. The mediation agreement will be reviewed by a judge.
