LAW 959LEC - Sex Harassment Mediation

Sexual Harassment Mediation is a skillset for those who believe that not all parties can participate in litigation due to the rigors of depositions, facing a jury, having to re-live toxic workplace events, and resulting in a hostile work environment. Mediation skills involve active listening, reframing of statements and positions, collaboration, and perhaps even an apology. Understanding sexual harassment - how it arises, listening to facts that evoke shame and blame and fear about speaking up - necessitate a focus on a victim’s past, present and future. How do we know if the conduct complained about was welcomed? What complaint policies did the employer offer? How did the plaintiff complain or give notice? Was there a pattern of sexual harassment? Had anyone ever complained or filed suit before? What effect did the Sexual harassment have on a victim’s health? Has the victim been treated for emotional distress? How has the Sexual Harassment affected the victim’s relationships outside of work? If a complaint was made, was it investigated? How can the litigation process dovetail into the mediation session to resolve the claims made? This course will involve reading cases involving sexual harassment, discussing their outcome, and brainstorming how mediation might have affected the dispute resolution process.

Credits: 1