What the mediator do if this were an evaluative mediation?
Tatiana and Jane have been friends for many years. One day, Tatiana decided to sell her two-year-old car, and Jane told her she would like to buy. The car appears to be in excellent condition, as indicated by Tatiana. They agree on the price ($12,000) and in the payment plan (monthly payments of $1,000 for 12 months). Since the car is still under manufacturing warranty, it was transferred to Jane as part of the agreement. To complete the purchase, they took the car to one of the manufacturer’s approved auto shops to be checked, where they were told the car was in good condition besides the normal use. After two months with the car, Jane noticed there was a problem with the transmission. She took it back to the same shop, and was told they would need to work on the transmission, which would cost her about $1,200. This repair was not covered by the warranty, so Jane decided to ask Tatiana to pay for it, who replied indicating she did not know about it and that she would not pay. However she offered Jane a contribution of $200 to help with the repair cost because they were close friends. Jane refused and told her she would take her to court. Instead, they are headed for mediation to solve this dispute.
a. Cannot predict what the judge or jury would say if taken to court.
b. Leaves the settlement decision completely to the parties.
c. Might point out to weaknesses in the case.
d. None of the above.
c. Might point out to weaknesses in the case.
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