This topic contains a solution. Click here to go to the answer

Author Question: What is the statute of limitations, what is its purpose, and describe the effect of mediation on the ... (Read 45 times)

hbsimmons88

  • Hero Member
  • *****
  • Posts: 526
What is the statute of limitations, what is its purpose, and describe the effect of mediation on the statute of limitations.
 
  What will be an ideal response?

Question 2

Describe the level of confidentially typically given to mediation sessions and agreements by state law either typical state or student's state of residence, and the purpose of confidentiality.
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

mistyjohnson

  • Sr. Member
  • ****
  • Posts: 331
Answer to Question 1

The statute of limitations is the period of time between the event that gives rise to a legal
claim and the date when a court or administrative agency can no longer hear the claim and
provide a remedy. The purpose of the statute of limitations is to promote timely resolution
of disputes while evidence is still available, and witnesses can still remember what took place.
Typically, mediation suspends the running of the statute. This means that in those cases
where no lawsuit has been filed, the period devoted to mediation will not count against the
statutory period. Although these laws are not uniform from state to state, typically the
statutory period is suspended when one party requests mediation or conciliation and the other
party agrees.

Answer to Question 2

State laws typically require that the mediator be neutral and have had nothing to do with the
case either before or at the conclusion of mediation. A mediator cannot be forced to testify
in court about anything that has transpired in the case or the mediation. Even when a
mediator chooses to testify, a party can prevent a mediator from giving testimony. In
addition, offers to settle a claim (or refusal to accept an offer) during mediation are not
admissible by either party as evidence of anything. The purpose of confidentiality statutes is
to promote the free and unencumbered use of negotiation and ADR to settle disputes prior to
a trial on the merits.





 

Did you know?

The use of salicylates dates back 2,500 years to Hippocrates's recommendation of willow bark (from which a salicylate is derived) as an aid to the pains of childbirth. However, overdosage of salicylates can harm body fluids, electrolytes, the CNS, the GI tract, the ears, the lungs, the blood, the liver, and the kidneys and cause coma or death.

Did you know?

In most climates, 8 to 10 glasses of water per day is recommended for adults. The best indicator for adequate fluid intake is frequent, clear urination.

Did you know?

Each year in the United States, there are approximately six million pregnancies. This means that at any one time, about 4% of women in the United States are pregnant.

Did you know?

As of mid-2016, 18.2 million people were receiving advanced retroviral therapy (ART) worldwide. This represents between 43–50% of the 34–39.8 million people living with HIV.

Did you know?

Certain chemicals, after ingestion, can be converted by the body into cyanide. Most of these chemicals have been removed from the market, but some old nail polish remover, solvents, and plastics manufacturing solutions can contain these substances.

For a complete list of videos, visit our video library