Sexual Harassment Support
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Support and information for anyone who has experienced sexual harassment.
Sexual Harassment Mediation
Mediation is a process in which a professionally trained, neutral third party works with disputing parties
to negotiate a conflict or agreement. The process can also be referred to as “conflict resolution,” or “
arbitration.” The job of the mediator is to assist the parties in structuring agreements, focusing
discussions, and facilitating communication between the parties in reaching a voluntary, negotiated
resolution. Mediation gives the parties the opportunity to discuss the issues, clear up
misunderstandings, and determine underlying interests or concerns. Once areas of agreement can be
found, they can be incorporated into resolutions that are satisfactory to all.
Many companies have full-time mediators on staff, usually housed by the Human Resources division of
the company. Colleges and universities also employ full-time mediators. Often, an Ombudsman, or
Ombuds department will be charged with mediating disputes in an academic environment. The EEOC
offers mediation as an option for resolving sexual harassment and discrimination disputes. If you have
contacted a lawyer, the two of you might decide that mediation is a better option for you than a lawsuit.
Some advantages of mediation:
Validation: all parties involved are given the opportunity to have their positions articulated and
understood, and to understand the positions of the other parties.
Empowerment: the process is fair and neutral. The parties are allowed to decide for themselves
whether and how they would like to resolve a situation.
Confidentiality: lawsuits are a matter of public record, however, what occurs at a mediation is kept
confidential by agreement. Moreover, whether mediation occurs before or after a lawsuit, the
communications generated are usually inadmissible during any litigation.
Quality of resolution: studies show that parties who enter into voluntary agreements are more likely to
adhere to the conditions than if they are forced to comply to court-ordered resolutions or commitments.
Fosters communication and cooperation: mediation offers a problem solving approach to complaints
and disruptions are reduced. With a lawsuit, problems often remain, even long after the case has been
settled. Because all parties share information, this can lead to better understanding of issues in the
environment.
Time and money: mediation is substantially less expensive, and less time consuming, than litigation.
Satisfaction: because mediation focuses on a “win-win” approach to conflict, the outcomes are far more
satisfactory to parties than the “win-lose” approach of litigation. Many parties who “win” in litigation have
lost so much in terms of finance, time, and the damage that can occur from the chronic stress and
hostility usually generated in court battles. Indeed, often the “victory” is very hollow.
Note, do NOT go through mediation if the harasser is also stalking you. Again, the purpose of
stalking is to force contact, and you will simply be reinforcing the behavior. If you have any contact
with the stalker at all, it should only be in a courtroom.
Sexual
Harassment
Mediation