How is Mediation Used to Help Settle Sexual Abuse Claims?

Many people often assume that the only way to resolve a civil claim for sexual abuse is to file a lawsuit and go to court. While this is an option, it is not your only option. Many cases end in private settlements, and mediation can help plaintiffs and defendants reach one.

Mediation involves seeking help from a neutral mediator. The mediator does not act as a judge but guides the parties to a settlement agreement. This is an informal hearing that tends to be more relaxed with fewer restrictions on evidence. In sexual abuse cases, mediation may help plaintiffs get fair compensation and resolve their case without having to face the defendant in court. Mediation proceedings are also largely private, which may help plaintiffs avoid feelings of humiliation in a public courtroom.

Get a private, free case review from our sexual abuse lawyers by calling The Law Office of Andrew Shubin at (814) 826-3586.

How Can Mediation Help Reach Settlements in Sexual Abuse Cases?

Mediation may be a viable option for those seeking to settle sexual abuse cases outside of court. Depending on your specific situation, mediation may be helpful in several key ways.

Privacy and Confidentiality

Unlike trials, mediation is not open to the public, and anything said during mediation is confidential. Sexual abuse victims often find it extremely difficult to re-live the abuse on the witness stand in a public courtroom in front of their abuser. In mediation proceedings, victims do not have to face the humiliation of publicly confronting their abuser and explaining how they were abused.

Fewer Restrictions on Evidence

Another way mediation can be helpful is that victims may use a wider range of evidence. In mediation, certain rules and procedures are more relaxed, including the Rules of Evidence. Evidence that might be inadmissible in a trial may be used during mediation proceedings.

More Tailored Resolutions

The outcome of mediation may be more tailored to your specific needs. You may have more control over the outcome, and you may agree to a settlement only if you find it fair and agreeable. As such, victims may be better able to avoid unwanted outcomes and leverage for better settlements through mediation.

What Compensation is Available Through Mediation in Sexual Abuse Civil Cases?

While financial compensation is possible through mediation, you may also leverage your evidence for something more.

Monetary Compensation

Most, if not all, civil claims revolve around financial compensation for a wide assortment of damages. In sexual abuse cases, much of a plaintiff’s potential compensation stems from non-economic damages related to pain, suffering, psychological injuries, humiliation, and other painful yet subjective experiences.

Formal Apologies

When defendants have significant financial resources, financial compensation might feel more like a fine than justice prevailing. As such, you may demand that the defendant issue a formal apology under the terms of the settlement. Simply hearing abusers admit their wrongdoing can help many victims find closure, allowing them to move on from what happened to them.

Limitation on Contact

Most plaintiffs in sexual abuse cases never want to see the defendant again. Through mediation, you may be able to make this happen. You may ask for settlement terms that include no-contact orders preventing the defendant from ever reaching out to you in the future.

What Happens if Mediation in a Sexual Abuse Civil Case Does Not Work Out?

Mediation does not guarantee any particular outcome. If mediation breaks down, our sexual abuse lawyers must be prepared for what happens next.

Full Trial

If mediation does not result in an agreeable settlement, we must prepare for a full trial. The evidence we may present is also more limited, as it must comply with the Rules of Evidence. As such, we must be more strategic with the evidence at our disposal.

Confidentiality

Remember, anything said during mediation, including admissions of wrongdoing by the defendant, is confidential and may not be presented as evidence at trial. This goes both ways, and the defendant may not use statements made by you during mediation to undermine your claims.

Evidentiary Problems

We might find that our admissible evidence is more limited than we anticipated. Not only that, but the defendant now has a better idea of what evidence we have and how we may use it in a trial, and they may adjust their defense strategies accordingly. This may mean that we should step back and reassess our own strategies. It may also be necessary to try to uncover additional evidence.

FAQs About How Mediation May Help Settle Sexual Abuse Claims

Can I Use Mediation to Reach a Settlement in a Sexual Abuse Civil Case?

Yes. Mediation is often an option for plaintiffs in various civil cases, including sexual abuse. The purpose of mediation is to help the parties reach a private settlement agreement with the assistance of a neutral mediator.

What Evidence Do I Need for Mediation in a Sexual Abuse Case?

Mediation proceedings do not adhere to the same strict rules of evidence as a standard trial, so you may present a wider range of evidence and information than you normally could in court. Your testimony, witness statements, records, documentation, and even reliable hearsay evidence may all come into play during mediation.

What Are the Benefits of Mediation in a Civil Case for Sexual Abuse?

Mediation can help victims of sexual abuse get fair compensation without having to appeal directly to their abuser. Instead, they may present evidence and information to a neutral mediator who can help both parties reach an agreement. Mediation is also private, which may be appealing to victims who want to avoid reliving their abuse in court.

Are There Disadvantages to Mediation in Sexual Abuse Cases?

Possibly. While mediation allows victims more control over the outcome of their case, the same is said for defendants. Your compensation may be heavily influenced by the person who abused you, and they may try to use manipulative tactics to get already frightened victims to back down. This is why having a skilled lawyer on your side is crucial.

Is Mediation in Sexual Abuse Cases Legally Binding?

No. While mediation can be very helpful to parties seeking to settle, it is not binding unless both parties agree to the outcome. The mediator might conclude that you deserve a substantial settlement, but the defendant does not have to agree.

What Happens if Mediation Fails in a Sexual Abuse Case?

If the parties cannot agree on the outcome of mediation proceedings, the case may proceed to a full trial. This will take more time, and the outcome is not guaranteed to fall in your favor. There are also greater restrictions on evidence, and legal procedures are far more rigid and formal.

Receive Legal Help from Our Sexual Abuse Lawyers Now

Get a private, free case review from our sexual abuse lawyers by calling The Law Office of Andrew Shubin at (814) 826-3586.