During this polarizing time, one of the most high-profile situations that draws media attention to a business is a sexual harassment claim.  While some such claims are based upon an insidious culture against a particular sex, many are often the result of a misunderstanding or bad response to an initial complaint.  Employers may wish to consider the use of mediation as an effective way of resolving such disputes and may draft a model mediation program to accomplish these goals.  Some considerations may include:

Objectivity

When litigation ensues, there is often a perceived image of the “bad guy.” However, mediation allows a third party who has no connection to the case to help the parties work through the dispute.  Key members of the staff may be present and may be able to be objective rather than immediately assuming the accused is horrible. 

Confidentiality

The mediator should discuss the confidential nature of these proceedings.  Victims may prefer the confidential aspect of this process so that they will not be traumatized by having to testify in court or go through a formal grievance process.  Anything that is discussed in mediation cannot later be used against one of the parties.

Ability to Contemplate

Mediation focuses on the parties working together to achieve mutual interests.  This often gives the parties a chance to really think about their behavior and how others may have perceived it or been affected by it.  This time to reflect may help establish the roots for ideas to resolve the dispute as well as avoid similar problems in the future.  For example, the parties may agree to create a new policy, form a coalition or provide more education in the workplace to help head off similar problems in the future.