It’s apparently the biggest ever sexual harassment case to be mediated: a large number of Harvey Weinstein’s accusers sat down in talks to settle claims and to find money for a victim’s fund. Lawsuits and charges against Harvey Weinstein keep mounting up. There is a criminal case and civil cases. Not to mention the bankruptcy issues the Weinstein Company faces after shutting down in the wake of the #Metoo revelations. In an interesting twist some of Harvey Weinstein’s accusers are also unsecured creditors who may have the authority to investigate claims against him as part of a creditor’s committee in the Weinstein company bankruptcy case. Meanwhile, the criminal case against Weinstein may be falling apart – the high burden of proof in criminal cases, the victims’ intertwined relationships with the producer, the statue of limitations and the way the investigation was allegedly handled are going against the prosecution. Despite having more than 80 accusers at current count, Weinstein may walk free.

With sexual assault notoriously difficult to prove, bankruptcy and insurers unwilling to pay out, the victims of Weinstein’s alleged misconduct and assault face a bewildering maze of obstacles to get any kind of compensation for their suffering and the damage done to their career. The Byzantine Empire that Weinstein maintained during his heyday is proving just as difficult to navigate during its destruction as when it was thriving.

In the mediation talks, victims wanted 100 million, while insurers weren’t willing to pay anything near to that. Sexual harassment victims need compensation for more than just suffering – Weinstein was notorious for retaliating against victims by blacklisting them in Hollywood and stalling their careers.

Mediation for Sexual Harassment Cuts Through Complication

The Weinstein cases teaches us how difficult it is to resolve conflicts when victims experience sexual harassment at work. Incidents are buried, dismissed as part of “culture”; victims often have confusing professional and personal relationships with the accused. Mediation is about coming to a fair agreement rather than trying to get alleged incidents to “fit” the laws. Therefore it can cut through many of the complications these cases face in court. In the Weinstein mediation, victims met with insurance companies. Weinstein himself wasn’t present. As sexual harassment mediation may be re-traumatizing for victims, the harasser doesn’t have to be present.

What makes the negotiations complicated is that they involve a huge number of interests – from victims to insurers to creditors to criminal prosecutors. At Boileau Conflict Solutions we use mathematical approaches like game theory to cut through competing interests to come to an agreement. One of the biggest obstacles the victims face is putting together the funds to be adequately compensated. Because mediation can invite numerous parties to the table on a voluntary basis in process that works towards mutual benefit, it’s a more global approach to resolving conflict and more likely to yield results. Mediations tend to resolve in far fewer sessions than court cases do.

Who We Are and How We Can Help

We are caring, well-educated mediators who are skilled in applied financial mathematics, the law psychoanalysis, and game theory. We strive to efficiently comprehend your situation and its opportunities for sustainable and agreeable resolution. We use both mathematical and psychoanalytical approaches such as game theory and communication theory. In this way you can be sure that emotionally charged conflicts will be handled with care and sensitivity. We also do personal injury mediation and sexual harassment mediation including in-house mediation when conflict happens within the workplace or workplace culture needs to change. You can visit us at our offices in Campbell, CA, Irvine, CA and San Diego, CA. We can also be reached by Telephone, Zoom or Facetime. We are available 7 days a week and at urgent notice. Please contact us to see how we can help.

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