October 01, 2019 Best of ABA Sections

#MeToo Where Confidentiality and Transparency Collide

Jan Frankel Schau

We have now gone far beyond the “he said, she said” controversy in sexual harassment cases. Today, victims of sexual harassment and misconduct are filing lawsuits, demanding compensation, and publicly sharing details of the abuses. As the number of allegations swells, mediators are increasingly being called on to help parties settle these disputes before lawsuits go to trial. This may be encouraging for mediators and for the field, but it raises new practice questions and causes tension for mediators who must grapple with employers’ desire to settle these claims confidentially and the public’s demand for transparency and accountability.

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