Mediating Employment Disputes Checklist (Including Sexual Harassment Claims)


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 nonbinding, informal, and confidential negotiation—facilitates a mutually acceptable settlement while allowing parties to retain control over the process and outcome. This checklist begins by addressing employment mediation in the age of the COVID-19 and best practices for videoconferencing. The rest of the checklist contains guidance that applies equally to both in-person and teleconferenced mediations.