Mediation is a widely accepted version of alternative dispute resolution. This process is particularly suitable to cases involving sexual harassment because of the confidentiality and care that is used. The parties talk with an experienced mediator who is skilled in conflict resolution and work toward resolving the case.

One of the tools that a mediator uses is private caucuses. The parties break into separate rooms while the mediator goes from room to room to have a private conversation with one side of the dispute. This tool can have a significant impact on the potential success of mediation. During private caucuses, the parties can discuss their side of the case. The aggrieved party may share difficult experiences that he or she has gone through. He or she may highlight the acceptance of such conduct in the workplace. Simply explaining these private matters can often be a cathartic experience for the victim. The mediator keeps confidential anything that the party said should remain confidential. However, the mediator may ask if it is acceptable to share certain information with the other side and will do so if granted this permission. This is often helpful because it allows the party to have more accurate information to properly assess the case and reach a settlement.

During the private caucuses, the mediator may also point out the weaknesses of the party’s case so he or she does not have an inflated opinion about the strength of his or her case. The mediator can also emphasize the value of settling a case and the drawbacks of continuing litigation, such as negative publicity about the company or the public dissemination of details of the case.