Mediation

FACT PATTERNS

JUANITA

Juanita clearly shows a level of professionalism in trying to operate the family business. She went to school to obtain her degree in restaurant management. She wanted the educational background to operate the family business. She obtained the degree and worked for the business for one year prior to her mother’s death. It is clear that her mother held the most confidence in Juanita by giving the business to Juanita. The facts provide evidence that the family business paid for Juanita to go to school. She was being groomed to take over the business.

She did give her sister Carmen a night manager position, but later demoted her back to waitress for unknown reasons. She did try to resolve Carmen’s unhappiness initially. However, Carmen did start drinking once she did not take care the business so the drinking problem is a likely cause for the demotion. Carmen misses work and continues to drink whiskey, even when on the job. She is becoming unreliable and also a potential liability to the business in general.

Carmen could be drunk on the job and do something that could get the business sued. Although she is suing the business now for negligence, she was drunk and fell over on her own. She also is suing the family business, and now the family is upset with Juanita because of what is happening to Carmen. They think Carmen deserved more and was cheated by their deceased mother.

Juanita tried to be fair with Carmen, however Carmen is taking out on Juanita, and now the business, what their mother did to Carmen. Juanita did not intentionally try to hurt Carmen. Carmen is a drunk and a detriment to the business in her eyes.

CARMEN

Carmen spent 8 years working at the business and putting up their abusive mother. The family all realizes this and sides with Carmen for what she has done in her life for the family and the business. Carmen was deeply hurt when she was passed over to run the business. She started drinking because of how upset she...