Respondent's Statement for Court-Ordered Mediation

A. Stipulated Facts

Jerry Shaw owns and runs a business that is known as Creative Software, LLC (CS). CS is a small business that works with computer software. CS hired Jennifer Gibson, who was 22 years old, single, and she had just graduated from college at that time. Shaw was around 40 years old, a married man, and he had three children.

Gibson signed a contract, in which she agreed not to use any of the confidential information that she obtained while working for CS.

The agreement also stated that Gibson would be responsible to pay $100,000 to CS for damages if she breached the agreement.

Gibson and Shaw began a consensual sexual relationship and they were in this relationship for six years until she decided to end it. Shaw did not want to end the relationship and attempted to persuade Gibson to continue, but she refused. Gibson couldn't take it anymore because Shaw continued to approach her many times for five months and she quit her job.

Get quality help now

RhizMan

Verified writer

Proficient in: Contract

4.9 (247)

“ Rhizman is absolutely amazing at what he does . I highly recommend him if you need an assignment done ”

+84 relevant experts are online

Hire writer

Gibson was out of work for six months and she eventually started to work in a different computer software corporation named Modern Software, Inc. (MSI). Gibson has been employed with MSI and MSI has developed a new client database that is similar to the one at CS.

Shaw has continued to harass Gibson repeatedly after she quit her job with CS. Shaw wants Gibson to return to work at CS and wants her to continue with their sexual relationship. Shaw has contacted and communicated with Gibson many times by using telephones, cell phones, e-mails, mailing letters, and sending gifts to her address.

Gibson is aware of her work location and he has dropped letters in the sunroof of her car while she was at work. He calls her friends and asks them to communicate with her for him. Shaw is also aware of where Gibson lives and he roams around her house and her neighborhood. He also comes to her favorite restaurants where she usually goes to spend time with her friends. Gibson has responded to Shaw's attempts to contact her and she has also taken several steps to try to avoid him. She changed her phone numbers, she moved out of her apartment and lived with a friend for several months. These methods were not effective because Shaw was able to find all of her new information.

Shaw has been rejected many times and he wants to sue Gibson for breach of contract and theft of intellectual property. Gibson counter-sues for emotional suffering. They are both ordered by the court to submit to mediation.

B. Additional Facts Regarding Respondent

Gibson clearly does not want Shaw to be in her life anymore and she feels that she has done everything that she can to get rid of him. However, she is considering the possibility of seeking a restraining order and discussing the situation with the district attorney about the stalking laws.

Gibson is willing to make the mediation public, but she is concerned about the consequences because she is engaged and her fianc? does not know about her sexual relationship with Shaw. Her fianc? thinks she quit because of an issue relating to work. Gibson also does not want MSI to find out about this situation, but she is ready to do anything to get rid of Shaw.

Gibson may be moving to another state with her fianc? because he may receive a job transfer. They will be able to determine whether he will be transferred after six months. Gibson does not want MSI to discover that she may be moving.

Gibson may decide to drop her counter-lawsuit if Shaw drops his lawsuit. However, if he refuses, she is seeking $100,000 in damages for her emotional suffering. Gibson is also willing to file a police report and seek criminal charges against Shaw.

Relief Sought by Respondent

Respondent is seeking relief from Petitioner as follows:

1. Gibson may seek a restraining order to prevent Shaw from stalking her because she wants him to leave her life forever.

2. Gibson is willing to make the mediation public, only if it is necessary to get rid of Shaw because she doesn't want her fianc? and MSI to find out.

3. Gibson may drop her counter-lawsuit if Shaw drops his lawsuit.

4. Gibson is seeking $100,000 in damages for emotional suffering if Shaw does not drop his lawsuit.

5. Gibson will also file a police report and seek criminal charges against Shaw, if necessary.