Question

Please provide an answer to the case within 30 minutes

CASE 11.1 Mediator Liability Mary was employed by a small cellular phone provider as a terminated if her numbers didn't improve. Uncomfortable with employment agreement specifying that she would submit any that they attempt to mediate their differences and th sales representative. When she was hired she signed an the requirement to arbitrate, Mary proposed to the com pany dispute arising out of her employment with the company to arbitration. She developed serveral commercial accounts resulting in the sale of multiple cell phones and service con- tracts. Once developed, Mary earned an adequate income servicing these accounts and renewing them. However, her employer became concerned that Mary was not aggressively soliciting new business and so reassigned some of Mary's company agreed The mediation was successful. Mary was permitted to resign, the negative comments about her job performance were expunged, she waived her right to arbitrate the dispute, and received a monetary settlement from the company. However, after receiving the settlement Mary began to have second thoughts. She became convinced that the mediator had failed to fully inform her of her rights and had obtained 8 large accounts to another sales representative. Mary objected to the loss of her largest accounts but was unable to persuade the company to reverse the work assignment. Consequently, she was forced to seek new busi- ness but was only minimally successful in doing so. When her revenues (and accordingly her income) dropped, she was coun- and inadequate monetary settlement. She felt that the medi- ator could have obtained a better settlement for her. What remedies might Mary have against the mediator What exposure does the company have to a seled about her job performance and warned that she could be lawsuit?