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ALDEN, Xian Justin R.

January 22, 2018


2-JD Alternative Dispute Resolution

Disclosure (1994)

The film depicted the mediation of Tom Sander’s sexual harassment claim
against his boss and past lover, Meredith Johnson. As per Black Law’s Dictionary, the
mediation process is a method of nonbonding dispute resolution involving a neutral third
party who tries to help disputing parties reach a mutually agreeable solution.

As portrayed in the movie, the parties are assisted by their counsel in having
table discussion with the presence of a mediator. However, the movie may have
included scenes in the mediation process which were not being practiced in real life, like
cross-examining Tom’s assistant, probably for the purpose of building up the dilemma
and plot. Such scenes made mediation appear to be more procedural when in reality;
the parties merely communicate their side and negotiate an agreeable solution with the
assistance of a mediator. The result of mediation was shown when the parties came up
with an agreement or settlement with respect to their interests that Tom will keep his job
and that his boss, Meredith, will go on leave after the intended merger.

This agreement of the parties highlights the fact that the decision making
authority do not rest of the mediator but on the mediating parties themselves to resolve
the dispute. The mediator merely functions as a facilitator between the opposing parties.
With respect to Catherine, the counsel of Tom, she had competence and empathy
which made her a good lawyer in alternative dispute resolution. In most instances, she
has given Tom the autonomy to control over the discussion during the mediation.

The company, Digicom, resorted to mediation for a speedy resolution and


because of confidentiality of the issue before Tom sues Meredith in Court. Speedy
resolution was needed in order for the parties to obtain favourable results for their
interests especially because of the impending company merger. And the case was
mediated also by reason of confidentiality to protect the reputation of Meredith as she
occupies a respectable position in the company and to protect the company’s own
business interest. Therefore, it showed that mediation is an effective mode of dispute
resolution as the interests and concerns of the adverse parties are addressed without
the need of a dragging litigation.

The mediator in the movie dropped the line, “You are advised not to debunk the
illusion that this dispute may be settled amicably.” That line points out that the
preferential use of voluntary modes of settling dispute was emphasized. The mediator
has the obligation to do his best to assist the parties to settle the issue and avoid
possible litigation. To summarize, mediation, as a mode of dispute resolution, is a good
and effective way to settle the dispute peacefully and consensually without court
litigation.

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