When the New York State Child Victims Act was enacted in April 2019, the legislature created a look back window that allowed survivors of childhood sexual abuse to file lawsuits through August 2021. During that look back window, more than 10,000 lawsuits were filed, and are now making their way through the court system. Currently, there is an open look-back window for lawsuits to be filed under the Adult Survivors Act, and it is anticipated that there will be many filings pursuant to this statute. This article discusses the use of mediation to resolve these cases and why mediating these matters must be handled with care and consideration.

Mediating a Sexual Abuse Case Is Different

Mediations in sexual abuse cases are different from "garden variety" personal injury claims for a number of reasons. First, it is important to recognize that there is an emotional component, and that it may be difficult for a plaintiff-survivor to discuss the facts of the case. Where a fractured bone can be seen in a trip and fall case, injuries in sexual abuse cases are most often psychological rather than physical. It is important to recognize that the facts are highly personal in nature, and that plaintiffs in these cases may process their trauma differently than plaintiffs in other types of personal injury cases. Next, recognizing that it may be difficult to place a value on someone's emotional pain is key for all parties to understand. Finally, there is the challenge of the passage of time, where witnesses may be deceased, and defendants may be uninsured or underinsured.