Mediator Sued for Sexual Harassment After High Profile Case

You may recall that the University of Michigan agreed, last year, to pay a settlement of $490 million to resolve claims of alleged victims of its team doctor, Robert Anderson.   This is, of course, after Michigan State University agreed to pay $500 million to resolve sexual abuse claims associated with (now convicted) school doctor Larry Nassar.  But just days ago, there was an interesting twist.

The mediator who brokered the University of Michigan settlement was sued for sexual harassment.  He was accused, by an attorney with whom he worked at his firm, of surreptitiously taking her picture, hundreds of times, on his iPad.  The attorney also accuses him of making inappropriate comments and unsolicited advances towards her.  Allegations that he continued to harass and stalk her after she left that firm were also made, as well as claims against her new firm as she was terminated from employment there after her allegations surfaced. 

While, obviously, these are just allegations and nothing has been proven in court, it does show why integrity in mediation is so crucial.  Was the mediator’s impartiality tainted during the mediation?  Can it be called into question now? Does it risk attack on the settlement?  These (and more) are issues that will play out in the future