1. Can an argument be made that alternative dispute resolution diminishes our constitutional rights to a fair trial? Compare and contrast the fairness between civil trial court procedure and the ADR procedure involving a single mediator in a binding mediation.
2. Consider again the case of Missy Benevidez. You are a LNC working for an attorney who is considering representation of Missy Benevidez in a claim against ABC Pharmaceuticals. Ms. Benevidez, age 25, has just discovered that she has cervical cancer, which she believes is linked to her mother’s ingestion of DES while she was pregnant with Missy. ABC Pharmaceuticals is the company that produced the DES prescribed by Missy’s mother’s physician 25 years ago. Research has shown that daughters of women who have taken DES during pregnancy have a high risk of contracting cervical cancer in their early 20’s.
Discuss what elements you think should be included in discovery documents submitted by Ms. Benevidez’s attorney to the counsel for the pharmaceutical company. Provide at least 5 questions for interrogatories, 5 requests for admission, and 5 requests for production of documents.