Civil Wrong Claims

Disputes involving claims of what we are calling “civil wrongs” are often highly charged emotionally with potentially serious consequences for everyone involved. In addition to the impact on emotional wellbeing and reputational integrity, there can also be significant financial impacts, and sometimes even criminal consequences.

Resolving these disputes through mediation allows all parties the benefits of confidentiality and the guidance of an experienced and neutral mediator who can assist in navigating often difficult negotiations. Mediation also allows for the resolution to encompass factors above and beyond financial restitution that might not be possible in a court judgment.

For survivors or victims of civil wrongdoing or those who may be falsely accused, civil wrong mediation provides a respectful and confidential alternative to litigation, which itself can be a difficult and traumatic process, not conducive for handling the legal and emotional complexities with sensitivity and compassion.

Types of Civil Wrongs

Civil wrongs can arise in many different situations and can involve a wide range of issues. Some common types of civil wrongs include:

Claims of Sexual Abuse in Schools and Religious Institutions

Reports of sexual abuse in schools and religious institutions have continued to increase in recent years. Some involve recent claims of coercion, rape, or other nonconsensual sexual behavior; others involve claims of abuse that may be decades old.

Survivors of such experiences frequently claim lasting physical and emotional trauma. Those accused of wrongdoing, whether the individual or the institution involved, are also exposed to serious consequences which may include financial, legal, reputational, and emotional impacts.

The fact that many of these cases hinge on actions that may have taken place many years in the past and often involve minors contributes to the complexity of handling such cases with skill and sensitivity. Many survivors believe that being able to speak out about their experiences is a critical part of their recovery process; many institutions where such claims have arisen, while mindful of the need for genuine restitution, are also deeply concerned about confidentiality.

These are extremely difficult and painful cases for all concerned. At The Mediation Group, we often put together a co-mediation team involving one mediator with a mental health background paired with one with a legal background in order to conduct a confidential process that is respectful of the complex needs of everyone. Mediation for such cases is almost always a better path toward resolution than engaging in a protracted court proceeding.

Bullying and Harassment Claims

Charges of bullying and harassment can arise in a number of contexts, including schools, residential facilities, and a variety of workplaces. Those making such claims are frequently but not always members of a protected class. (for more on protected classes, visit our Discrimination and Harassment page)

Complaints may be brought against the alleged bully or harasser, or the institution that may have employed them or failed to properly safeguard against the conduct. Some complaints may be due to individual or institutional negligence, ignorance, intolerance, or prejudice; others may reflect poor communication or interpersonal skills.

Regardless of the precise circumstances, the fact that complaints of bullying and harassment are brought, whether or not ultimately proven to be well-founded, reflects a serious deterioration in relationships that, if left to fester unattended, expose everyone involved to the potential for greater harm.

Resolving bullying and harassment through mediation can help create inclusive communities that foster respect for all individuals. You can learn more about how we help organizations resolve disputes related to bullying, harassment, and discrimination on our Workplace Harassment and Discrimination page.

Title IX Disputes

Title IX of the Education Amendments of 1972 (to the Civil Rights Act) prohibits discrimination on the basis of sex in education programs or activities that receive Federal financial assistance. Some Title IX claims may involve sexual assault or misconduct, harassment, or bullying,  but they can also reach other unequal treatment on the basis of sex. The reach of Title IX can be broad, extending to student and employee rights sometimes asserted against other students as well as against the institutions of which they are a part.

These disputes can bring considerable pain to the students or employees involved and disruption to the institution.

Where mediation is allowed and chosen by parties, the process can help all involved minimize the financial and emotional costs of a more drawn-out adversarial process,  while also creating space for problem-solving and mutually satisfactory resolutions.  

Claims of Discrimination in Public Accommodations

Federal and various state laws protect against Discrimination in public accommodations, which include a wide variety of institutions open to the public - including restaurants, hotels, theaters, museums, transportation, retail stores, and depending on the statute the stated prohibitions are on the basis of race, creed, color, religion, national origin, sex, gender identity, sexual orientation, and disability.

Claims may result from deliberate or unintentional policies and behavior on the part of businesses, employers, and government agencies, and can have serious consequences.

The individual experiencing unequal treatment, exclusion from services, or harassment based on race, gender, sexual orientation, or other factors, may suffer both psychological and more pragmatic harm. Even if unintended, such complaints expose the accused to legal, financial, and reputational damages

Through mediation, all parties affected by claims of discrimination in public accommodations can work together in order to find solutions that meet the needs and interests of all involved.

Elder Abuse Claims

Mediating cases involving claims of elder abuse can be complex both legally and emotionally. Complaints of elder abuse can be brought against family members, caregivers, or others, including the institutions that employ them, who may be accused of seeking to exploit the age and vulnerability of seniors for financial or other gains.

Some cases may include claims of coercion and manipulation or undue influence to access a senior’s financial assets or alter their will and estate planning; others may include claims of physical or psychological abuse. Whatever the particulars, sensitive and skillful mediation is a good option for confidential, prompt, and effective resolution of these cases.

Whistleblowing & Claims of Retaliation Against Whistleblowers 

A variety of federal and state statutes protect whistleblowers and in certain instances provide for awards if their whistleblowing leads to financial savings by governments. Disputes can arise over the entitlement to the awards as well as over claims of retaliation against a perceived whistleblower. In either situation, the cases are often characterized by strong emotions on both sides, and the statutory provisions which provide rights of action and sometimes financial rewards for whistleblowers raise the stakes for all.

Frequently, whistleblowers believe that they have a duty to expose what they believe to be unethical or illegal practices and want to hold those they believe to be responsible accountable for their actions; those accused of wrongdoing often react with hurt and outrage at what they may believe to be false claims. Both may feel that they have the moral high ground and can become inflexible in their positions.

This is a difficult but not uncommon starting point for mediation. Skilled and experienced mediators can work with both sides to facilitate a resolution that meets everyone’s interests.

Claims of Police Brutality

Cases involving complaints of police brutality or use of excessive force are politically and emotionally charged, often spilling outside the particulars of a specific case to involve broader charges of systemic racism, bias, and lack of accountability.

All parties in such cases have a strong interest in a quick and equitable resolution. By bringing stakeholders together, mediation can help to foster dialogue and reconciliation, allowing individuals and communities to move forward.

Mediating Wrongful Conviction Cases

A wrongfully convicted individual who may have experienced a serious miscarriage of justice, and perhaps wrongful imprisonment, whether due to police misconduct, faulty or biased witness testimonies, systemic racism, or some combination of these or other factors, may, understandably, have little faith in turning to the courts for restitution.

When a conviction is overturned, mediation can be an effective means for the individual who had been wrongfully convicted to seek restitution in a safe and respectful process outside of the court system.

Mediation has a broader array of possible avenues for resolution than the courts can offer. A mediator can negotiate reasonable compensation for reputational and financial damage for both the individual and their family. Mediation can also help those who have been wrongfully convicted find some closure, and do so at less expense, with greater confidentiality and far speedier than extended court processes.

Mediation has proven to be an effective alternative to litigation in resolving these and other complex and difficult cases involving claims of civil wrongs. Contact us to learn more.

Our Experts Specializing in Civil Disputes