(Non-grade exercise prior to start of mediation course)
Please list both good points and bad points of this alternative dispute resolution (ADR) clause:
According to an article found at
https://www.mediate.com/articles/kichavenJ4.cfm
This article that provides information and an example on an alternative dispute resolution (ADR) clause that I discovered during my search. This article explains that the California legislature is working to improve the mediation and confidentiality. I had thought that when working with the ADR process that confidentially would be something that occurred without question.
According to the article:
The California Legislature wants to encourage mediation. Rojas v Superior Court, 2004 Cal LEXIS 6281 at p. 14. (July 12, 2004). Now the bad news. Rojas itself shows that the current legislation, California Evidence Code section 1115 et seq., fails to get the job done. The current legislation, as construed in Rojas, exalts the policy of absolute confidentiality;and absolute confidentiality alone;as the key to the encouragement and effectiveness of mediation.
I found it interesting especially after having lived in California, U.S.A. that this was not something that was already in place. In addition, the mediation confidentiality statute seems to have some work that needs to be done which is why the legislature wants to review the current legislation.
Required to do:
1. List both good points and bad points of this alternative dispute resolution (ADR) clause.