Mediating Employment Disputes Checklist (Including Sexual Harassment Claims)

Summary

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 focuses on employment mediations in the post-pandemic age and best practices for videoconferencing. Videoconference mediations prevalent during the pandemic typically remain an option in the private sector. The rest of the checklist contains guidance that applies equally to both in-person and teleconferenced mediations.