Sexual harassment in the workplace: Is mediation an appropriate forum?

Abstract Factors prevalent in sexual harassment cases include desire for confidentiality and flexibility; the need for a variety of remedies that often reach beyond the individual parties; and frequently the interest of all parties in avoiding the cost, delay, and exposure associated with litigation or formal hearings. Accordingly, mediation, given the flexibility it accords parties to control the process and reach agreement on remedies voluntarily, may be a desirable forum. The limited experience with mediation suggests, moreover, that it may prove to be an avenue that encourages sexual harassment cases to surface—they are grossly underreported at present—and therefore contribute to reducing sexual harassment in the workplace.