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 34 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?

According to research, pregnant women tend to eat more if carrying a baby boy. Male fetuses may secrete a chemical that stimulates their mothers to step up her energy intake.

Did you know?

An identified risk factor for osteoporosis is the intake of excessive amounts of vitamin A. Dietary intake of approximately double the recommended daily amount of vitamin A, by women, has been shown to reduce bone mineral density and increase the chances for hip fractures compared with women who consumed the recommended daily amount (or less) of vitamin A.

Did you know?

On average, the stomach produces 2 L of hydrochloric acid per day.

Did you know?

There are major differences in the metabolism of morphine and the illegal drug heroin. Morphine mostly produces its CNS effects through m-receptors, and at k- and d-receptors. Heroin has a slight affinity for opiate receptors. Most of its actions are due to metabolism to active metabolites (6-acetylmorphine, morphine, and morphine-6-glucuronide).

Did you know?

No drugs are available to relieve parathyroid disease. Parathyroid disease is caused by a parathyroid tumor, and it needs to be removed by surgery.

For a complete list of videos, visit our video library