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!
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