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.

4. Is an arbitration clause as a condition of employment a fair method of alternate dispute resolution, if entered knowingly and voluntarily? Explain.

                         

Geographic Expeditions, Inc. (GeoEx), appeals from an order denying its motion to compel arbitration of a wrongful death action brought by the survivors of one of its clients who died on a Mount Kilimanjaro hiking expedition. . . .