Confidentiality: When Non-Confidentiality Can Sometimes Facilitate Resolution Of A Dispute

Confidentiality and Sexual Harassment.

        Peter J. Marx, an experienced mediator and arbitrator affiliated with Alternative Resolution Centers (ARC) has written a short article entitled, "Confidentiality:  Special Considerations In Sexual Harassment Cases."  The article is available on the ARC website at this link.

        Mr. Marx recounts a mediation involving alleged date-rape, alcohol, and consent issues.  The key to settlement was a written apology of sorts, acknowledging inappropriate behavior, that the plaintiff was allowed to disseminate.  Mr. Marx concludes:  "[N]on-confidentiality may be explicitly utilized as a significant and in a given case essential aspect of the resolution of sexual harassment claims."  A rare use of non-confidentiality in a sexual harassment case!