Source: (2001) Harvard Negotiation Law Review. 6:265.
Rajib Chanda begins this essay recounting the handling of a sexual assault case by school authorities at Brown University in Rhode Island. The handling of the case led to a report recommending a number of changes in the disciplinary system to reduce the adversarial nature of the disciplinary process. The changes included giving a victim of sexual assault the option of entering into a ‘structured negotiation’ with the alleged offender. While the report expressly states that mediation is not appropriate for sexual assault cases, Rajib Chanda asserts that the ‘structured negotiation’ option is essentially a type of mediation. The question she deals with in this paper, then, is whether mediation is appropriate for cases of sexual assault within a university setting.
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