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By: Laurie E. Leader, Chicago-Kent College of Law and Effective Employment Mediation, LLC
This checklist highlights the main points for attorneys to consider when pursuing the mediation of employment disputes, including sexual harassment claims. Parties may wish to pursue mediation to resolve conflicts rather than engage in costly litigation. Mediation—a non-binding, informal, and confidential negotiation—facilitates a mutually-acceptable settlement while allowing parties to retain control over the process and outcome.
The following steps are recommended in determining whether to mediate and how to prepare for mediation. The benefits of mediation are addressed in the section below entitled “Pros of Employment Mediation.”
Consider the following issues when drafting a mediation statement or submission prior to mediation:
Consider the following issues when participating in the mediation conference:
Attorneys should consider the following issues when participating in mediations involving sexual harassment claims:
Among the benefits of mediation are the following:
There are not many negative aspects to mediation if the process is respected.
Laurie E. Leader is a practicing attorney, clinical law professor, author, and certified mediator. Laurie joined the faculty of Chicago-Kent College of Law in the winter of 1999. As a clinical professor, Laurie represents companies and management, executive, and professional employees in labor and employment matters and mediates employment disputes. In addition, as a certified mediator, Laurie mediates labor and employment cases, both pre- and post-litigation, including employment discrimination, wage-hour, wrongful termination, and restrictive covenant cases. She is principal of Effective Employment Mediation, LLC.
To find this article in Lexis Practice Advisor, follow this research path:
RESEARCH PATH: Labor & Employment > Discrimination, Harassment, and Retaliation > Claims and Investigations > Checklists
For more information on strategies and steps for attorneys to consider when mediating employment disputes, see
> MEDIATING EMPLOYMENT DISPUTES
RESEARCH PATH: Labor & Employment > Discrimination, Harassment, and Retaliation > Claims and Investigations > Practice Notes
For an overview of the Equal Employment Opportunity Commission (EEOC) conciliation process, see
> CONCILIATING EEOC CHARGES
For a discussion of state laws governing discrimination, harassment, and retaliation in the workplace, see
> DISCRIMINATION, HARASSMENT, AND RETALIATION STATE PRACTICE NOTES CHART
RESEARCH PATH: Labor & Employment > Discrimination, Harassment, and Retaliation > Policies and Procedures > Practice Notes