1 Why was the Lhotka Geographic Expeditions agreement to arbitrate ruled
1. Why was the Lhotka/Geographic Expeditions agreement to arbitrate ruled unconscionable?
2. Differentiate procedural and substantive unconscionability.
3. Kalliope and David Valchine entered court-ordered mediation to try to resolve the problems that had led them to seek a divorce. Lawyers represented both Kalliope and David at mediation. The mediation led to a marital settlement agreement between Kalliope and David. One month later, Kalliope sought to set aside the agreement, arguing that she had been coerced by her husband, her husband’s attorney, and the mediator. Kalliope testified that the mediator threatened to report her to the judge for being uncooperative in refusing to sign a reasonable settlement offer. She claimed that the mediator also told her that she could sign the agreement and then object to its provisions at the final hearing. Should the settlement be set aside? Explain.
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