Tiger Woods Sexual Harassment Case – Non-Disclosure Agreements Still At Issue; Mediating Sexual Harassment Cases

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Sexual harassment continues to be a hotbed issue in the news and the workplace. One recent and highly publicized example of a personal relationship that spiraled into a sexual harassment dispute is the case of Tiger Woods and his ex-girlfriend, Erica Herman, who began as employee of Woods’ golf empire.

After their split, Herman sued Woods for sexual harassment and Woods responded to the suit stating that Herman’s public filing of her claim in civil court violated the terms of their non-disclosure agreement. 

As discussed in my previous blogs, the status of non-disclosure agreements in the law have been in flux as of recent and for the most part, have been invalidated or heavily minimized by federal and state courts and such governmental agencies as the National Labor Relations Board in recent years.  

Get the details on the recent case between Woods and Herman, before diving into my suggestions for mediating sexual harassment cases.  

A Quick Recap of the Woods Case

Tiger Woods, the legendary golfer who needs no introduction, recently won a legal battle against his ex-girlfriend Erica Herman, who aimed to break their non-disclosure agreement and speak publicly about their relationship. However a Florida judge ruled that her lawsuits had to be resolved in private arbitration, rather than open court. 

The former couple dated for nearly six years and signed an NDA regarding their relationship in 2017. Herman sued Woods for over $30 million in 2022, claiming that he broke oral contracts and forced her out of his house.

A year later, she sued to invalidate the NDA on the grounds that Woods sexually harassed her, and that the NDA violated two new federal laws that protected victims of sexual misconduct from being silenced.

Herman’s arguments were dismissed, with the NDA being validated – and since Herman failed to provide factual details or evidence to support her allegations against Woods, she was ordered to proceed with arbitration, putting the suit on hold until arbitration concluded and keeping Woods’ private affairs out of the public eye. 

While the ruling is a victory for Woods, it’s a setback for Herman – as she lost her chance to tell her story to the public and challenge the NDA under new federal laws. 

My Tips for Mediating Sexual Harassment Cases

As an employment and Title IX #mediator, and former employment and certified Title IX investigator, I’ve dealt with a large number of sexual harassment cases.

What I’ve found is that mediation can be especially effective in resolving such matters, giving each party the opportunity to form a mutually acceptable #settlement.

If you’re entering mediation sessions for a sexual harassment case, here are my tips for a quick #resolution:

1. Prepare Your Materials

All parties to the mediation should come prepared. Before walking into your session, take some time to gather and organize any relevant information. Emails, text messages, witness statements – any evidence pertaining to the case. By taking a few extra steps to prepare, you can present a strong case or counter defense and negotiate more effectively once the session starts.

2. Clarify Your Goals

Spell out your #negotiation goals ahead of time, be it monetary compensation, #legal action, both, or other remedies. Understanding your interests will guide your negotiation strategy, boosting the likelihood of reaching a settlement that accomplishes your goals.

3. Maintain Professionalism

Once mediation begins, remaining professional and respectful is a top priority. Every participant, including the other party, their #attorney, and the mediator, should be treated with the utmost courtesy to retain a cooperative atmosphere that’s free of unproductive negativity. 

4. Communicate Effectively

In any mediation session, open and honest communication is key to a faster settlement. When you clearly state your concerns, needs, and expectations to the other party, they more easily understand, rather than talking in circles and making little progress.

Practice patient listening and write down your mental responses, rather than cutting the other party off or simply waiting to speak. This will keep you focused on their responses rather than your next statement.

5. Choose a Skilled & Neutral Mediator

The right or wrong mediator can make or break your sessions. Look for a mediator with specialized #expertise in sexual harassment cases, along with a reputation for neutrality and can assist the parties in reaching a desirable settlement and outcome. 

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This communication is not legal advice. It is educational only. For legal advice, consult with an experienced employment law attorney in your state or city.