Originally from Alternatives to the High Cost of Litigation

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Mediation is an attractive option for handling Title IX sexual harassment disputes for several reasons. A neutral mediator can encourage parties to exercise self-determination that, coupled with the flexibility, accessibility and confidentiality of the mediation process, enhances the likelihood of effective dispute resolution.

Implementation of particular design elements in the mediation process may help allay critics’ concerns that mediation does not always serve the interests of the parties, protect victims, and encourage just results. Mediation’s benefits include: Flexibility. Mediation is an inherently flexible process. Many complainants simply wish to be heard. If a party’s primary interest is that their counterpart listens to them, mediation, which is less structured than a hearing, can provide uninterrupted time for parties to express their views.

Unlike the adversarial process, which limits and stultifies exchange, mediation encourages conversation, while providing a framework that prevents party expression from spiraling out of control. Carrie Menkel-Meadow, “Pursuing Settlement in an Adversary Culture: A Tale of Innovation Co- Opted or ‘The Law of ADR,’” 19 Fla. St. L. Rev. 1 (1991) (available at https://bit.ly/3rqwx65).