Mediation and #Me Too: Liz Rivers gives evidence to Women and Equalities Select Committee about mediating sexual harassment disputes

Liz Rivers, one of our leading Workplace Mediators, gave evidence on Wednesday 6th June 2018 to the Women & Equalities Select Committee in the House of Commons. The committee were seeking evidence on "the effectiveness and accessibility of tribunals and other legal means of redress and what can be done to improve those processes". Liz, as a very experienced workplace mediator, wasasked to give her view on the role of mediation as a means of dealing with workplace sexual harassment cases.

Liz shared her view that mediation can be, even in the challenging circumstances of a claim of sexual harassment, a suitable and effective means by which such claims can be resolved. She highlighted the importance of ensuring that mediation was offered as a part of a package of robust remedies for the complainant. The more that the complainant victim is given a range of options that empower her to speak the more effective mediation can be and the more likely things can be resolved to everyone's satisfaction. Liz then emphasised that, given the particular sensitivities of these types of disputes, the use of a specialist mediator meeting the parties face to face is important.

Joanna Blackburn, Partner at law firm Mishcon de Reya, also voiced her support of mediation in such disputes stating that mediation can provide a holistic response to a complaint that an employment tribunal simply cannot provide. The panel were agreed that, by the time a complainant has reached a tribunal, the relationship is often so fractured that it often comes down to the financial apportionment of recompense which doesn't necessarily move the agenda any further with the employer. Ms Blackburn was in support of early mediation with specialist mediators as a means by which the biggest changes in outcomes could be made for complainants. Mediation at a judicial stage is often too late and she was of the view that employment law practitioners would welcome the introduction of early mediation.

Liz said: "I was delighted that I managed to emphasise the huge value of mediation in resolving and healing the harm caused by harassment at work. Often, harassment at work involves an imbalance of power. Mediation can be very effective at redressing this as it gives the less powerful an equal voice. However, a complainant needs to know that they have strong alternatives if dialogue is not successful. In practice this means organisations must be willing to investigate and challenge the behaviour of senior and powerful employees and hold them to account, regardless of how commercially valuable they are to the business. Moreover, mediation can change the behaviour of perpetrators. It gives them a chance to reflect on their behaviour in non-blaming environment."

Liz's contribution to the committee can be viewed in the two clips below.

Clip 1

Clip 2