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.

Many courts throughout the country favor mediation and other forms of alternative dispute resolution because they help to unclog the courts. Sexual harassment mediation involves several components including the following:

The Setting

Mediation may take place in the office of the mediator, a conference room at the workplace or another neutral location. Mediation may take several hours or may last over several days, depending on the complexity of the problem and the preferences of the parties.

Selection of a Mediator

The parties can select a mediator of their choosing. Many mediators are attorneys or retired judges. However, others are business people, social workers, teachers or counselors. The mediator’s expense is usually split between the parties, but sometimes the employer or an insurance company may agree to pay the entire fee. The parties may review a list of mediators in the area and the specialty areas on which the mediators focus, such as workplace issues or sexual harassment cases. The parties can review the biographies of the mediators. Additionally, they can review websites and client testimonials. Some mediators may offer references from previous clients.

Opening Session

The mediator discusses his or her role during an opening session as a third party neutral who will help the parties communicate about their interests and try to resolve the matter without further litigation. He or she explains what the parties can expect during the day. The mediator explains the confidential nature of mediation and that nothing said during this process can later be stated in court. The mediator may have the parties sign a confidentiality agreement.

Private Caucuses

The parties may break into private caucuses in which they separately speak to the mediator. The mediator can take information that the other party permitted to the other party in an attempt to communicate important information. The mediator can also point out the strengths and weaknesses of both sides so the parties have a better understanding of their positions.

Settlement Agreement

If mediation is successful, the mediator will prepare a settlement agreement that the parties sign.