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This month’s Mediation News includes a New York Times story on a decision by the New York theatre community to add mediation to possible responses to sexual harassment. This voluntary program is a reminder of the advantages of mediation in today’s environment.
Mediation is confidential, deliberative, quick and private. Today, employers and their supervisors have an intense interest in avoiding media attention. Mediation focuses on facts and their significance at trial, not on allegations. A mediation date can be arranged in weeks versus a realistic trial date usually over a year later. Mediation participants are limited to the parties, their lawyers and the mediator rather than a courtroom full of staff, potential jurors and the general public.
The swift and seemingly indiscriminate termination of some accused of harassment is generating fear of invalid allegations in managers and their families. They are in jeopardy now in a way that victims usually have been. What matters is that parties to allegations deserve the opportunity to explore what happened, what should have happened and what needs to happen, quickly and in confidence. For example, it may be true as in a mediation that I conducted, that an adulterous relationship was originally consensual. However, when that relationship ended, the accused continued to force his attentions on his former lover in ways that were clearly unwelcome. Pre-complaint mediation provided a quick, confidential way of resolving this uncomfortable, embarrassing situation. For the above reasons, mediation can be a valuable process, both pre- and post-complaint.
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How Turkey Went from Virtually Zero to 30,828 Mediations in Just One Month
Reflections on Parkland, from a Broward County Parent / Conflict Resolution Practitioner
Mediation in the News
Students Compare Mediation and ADR Coursework to Actual Practice
Women's Shelter Expands Services to Include Mediation
Active Preparation Leads to Better Mediation Results
You Can Mediate That? Beyond the Eve of Trial, A Fresh Perspective on Employment Mediation
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