$0.00 – $6.00
Five- or six-person mediation between manufacturing company management and a former employee (and their respective counsel) regarding the employee's departure amid allegations of sexual harassment; optional extra role for manager accused of harassment
Econ Inc. is a laser manufacturer with 150 employees. Twenty-five-year-old Mary Marks was previously employed at Econ as a first-shift laser operator. Mary is currently married to her second husband and has had two consensual affairs with coworkers. Mary's supervisor was John Jump, a 49-year-old foreman, who is married and cares for an extremely ill spouse on the evenings.
John and Mary entered into what was initially a consensual affair. John claims that the affair ended when he began another relationship; Mary claims that it ended when she resisted John's more amorous advances. Following their relationship, Mary's work performance worsened, and she quit. She later claimed that she was forced to quit because of the sexually hostile environment caused by John. A mediation will be held as provided in Econ's personnel policy.
NOTE: John & Mary involves a mediation between the personnel director and corporate counsel of a laser manufacturer and an employee and her attorney over the employee's departure amidst allegations of sexual harassment. Mediation is required under the company's sexual harassment policy.
- 20-40 min. individual preparation (preferable outside of class)
- 10-15 min. team preparation (outside or in class)
- 60 min. mediation
- 45-60 min. debriefing
- 5 (two parties, their respective counsel, and the mediator) or 6 if John Jump, Mary's former supervisor, is present
- Confidential Instructions for Econ's Personnel Director
- Confidential Instructions for Econ's Corporate Counsel
- Confidential Instructions for Mary Marks
- Confidential Instructions for Mary Marks' Attorney
- (Optional) Confidential Instructions for John Jump, Mary's former supervisor
- Confidential instructions for the Mediator
Teacher's Package includes:
- All of the above
- Teaching Notes
NOTE:John & Mary was revised in 2008 to provide separate instructions for each of the parties and their counsel. This revision makes for a more robust exercise as it creates some information asymmetries and highlights potential tensions between the principals and their agents. The original Version B (in which the parties and their counsel have identical instructions) is available on special request.
John & Mary Attributes
|Time required:||1-2 hours|
|Number of participants:||5-6|
|Agent present:||Lawyer, Non-lawyer|
|Neutral third party present:||Mediator|
|Teaching notes available:||Yes|