Mediation, neutral facilitation programs and restorative justice in higher education disputes involving Title IX and sexual misconduct

The Department of Education Office for Civil Rights issued new Title IX regulations effective August 14, 2020. These new regulations permit other methods of dispute resolution including mediation with expert mediators who are trained and experienced not only as mediators, but also as knowledgeable facilitators, trained in Title IX, who can effectuate a resolution of the case that empowers the student to engage in that resolution process. Thus, mediation would not only resolve the matter but would enhance the school’s educational mission as well. Since early this year, the world has had to adapt to the challenges of a pandemic where video mediations are the new norm. JAMS (the organization formerly known as Judicial Arbitration and Mediation Services) has successfully conducted these mediations through videoconferencing from the onset, and are proud to be leaders on this front.