In a recent New York Law Journal article, Clayman Rosenberg Kirshner & Linder LLP partner Ramsey Hinkle examines the potential pitfalls of mediation for victims of sexual assault, harassment and other forms of trauma.

Because mediation can require victims to interact with the person or organization that harmed them, Hinkle writes that counsel should determine whether their clients can participate in the process without experiencing further trauma. Gauging a client’s emotional readiness and their understanding of what mediation will and will not produce are key to determining if mediation should occur, Hinkle writes.

For clients who are ready for mediation, Hinkle suggests that counsel set expectations with their clients about the lack of a public record, the likelihood of not receiving an admission of liability and the logistics of the mediation process.

Hinkle also discusses the importance of selecting a mediator with experience in trauma matters and provides tips for managing emotions throughout the process.

Read the full article here.