ADA Section


ADA Mediation Articles


The Interactive ADA Accommodation Process

(5/10/01) Douglas R. Andres & Clay D. Creps

The Americans With Disabilities Act (“ADA”) requires employers to reasonably accommodate the disabilities of their employees. According to the implementing regulations, reasonable accommodations are to be determined by what is termed an interactive process.

Forum Discussion
Judith Cohen

ADA Mediation Page Editorial 1

(4/24/01)Judith Cohen

This editorial formally opens the ADA Mediation Page that MIRC has published over the last year, offering the most up-to-date writing and commentary on ADA mediation. This Page is a complement to the ADA Mediation online discussion group at ADA Forum Discussion, where practitioners exchange ideas – with stakeholders and advocates welcome to join in.

Bruce E. Meyerson

Guidelines For Mediation Of ADA Claims

(1/18/01)Bruce E. Meyerson

Violations of the Americans with Disabilities Act (ADA) continue to be a growing source of potential disputes between employees and employers. To assist in the mediation of ADA cases, a working group of practicing mediators, attorneys, program administrators and trainers has created ADA Mediation Guidelines designed to address "issues that are unique to resolving disability-related disputes." This article comments on certain responsibilities that the guidelines place on the mediator.

Forum Discussion
Jeff Kichaven

Top 10 Reasons Why Psychiatric Disability Discrimination Claims Are So Hard To Mediate

(11/17/00)Jeff Kichaven

Plaintiffs and defendants alike benefit from the clear choices generated in the mediation of psychiatric disability claims. Mediation affords the unique opportunity to examine, in a cool-headed environment, how the situation must look to each side and how it might look to an impartial observer such as a judge or jury. The empowered decision-making that flows from the mediation process may provide the best opportunity for closure that the legal system can provide. Why, then, are these cases so hard to mediate?

Forum Discussion

Disabilities And Mediation Readiness In Court-Referred Cases:Developing Screening Criteria And Service Networks

(9/12/00) Patrick G. Coy &Tim Hedeen

Mediation is an ideal alternative to court for many matters. Referrals involving disputants with certain emotional or mental disabilities may or may not be appropriate for community mediation as it is currently being practiced. In many cases, community mediation must become more flexible and accessible, offering coaching in advance, allowing advocate participation, using mediators skilled in disability issues, and adapting the process. In other cases, centers must assess the "mediation readiness" of disputants. In all cases, community mediation needs to become more deeply nested in human services referral networks. Screening criteria through which mediation programs might assess disputant readiness is suggested.

Judith Cohen

Unique Issues In Mediating ADA Disputes

(7/20/00)Judith Cohen

Although cases arising under the Americans with Disabilities Act (ADA) sometimes present straightforward generic mediation issues, they frequently raise unique and multi-layered issues for the mediator. It is important for ADA mediators to be trained in disability law, and in disability awareness including bias issues, disability access, and how to set up and run an accessible mediation session.

Peter Maida

Key Bridge Foundation Standards Of Conduct For DOJ ADA Mediation

(1/27/00)Peter Maida

The following Standards of Conduct for ADA Mediations were developed to provide guidance to mediators on the Key Bridge Foundation Mediator Roster. These guidelines are specifically focused on mediating ADA title III complaints and title II complaints excluding employment.

Mediating Employment Disputes Under the Disabilities Act

(1/01/00) Samuel H. DeShazer & Judy Cohen

This article focuses on the mediation of employment disputes arising under Title I, the employment section of the Americans with Disabilities Act. The authors examine the most common issues that may arise under Title I, consider the possible arguments that may be presented by both employee and employer, and present guidance and possible paths to solution for the mediator.

William D. Goren

Americans With Disabilities Act: Tips For The Advocate

(12/20/99)William D. Goren

What type of mediator do you want to have hear an ADA case, how do you evaluate the mediator and how might a mediator/arbitrator handle an ADA mediation/arbitration, how should you prepare for an ADA mediation or arbitration, and should your ADA case be mediated or arbitrated?

29 CFR Part 1614

(11/09/99) Equal Employment Opportunity Commission

These regulations cover the U.S. federal sector and are designed to encourage equal employment opportunities.

ADA Mediation Guidelines

(4/05/99)ADA Mediation Standards Work Group

The ADA Mediation Guidelines for mediation providers are the product of a national Work Group convened to develop mediation practice Guidelines unique to conflicts arising under the Americans with Disabilities Act

Judith Cohen

Making Mediation Sessions Accessible To People With Disabilities

(4/05/99)Judith Cohen

People with disabilities are just like everyone else, except for their disability. They are just as likely as anyone to find themselves caught up in a commercial, labor, family or other dispute. All mediators - regardless of their area of specialization - need to know how to set up and run an accessible mediation session.

Guidelines for Voluntary Mediation Programs Instituted by Agencies Charged with Enforcing Workplace Rights

(4/21/98) Society of Professionals in Dispute Resolution (Track Two)

This is the first report from the working group (Track Two) on ADR in the Employment Sector. This paper addresses essential and recommended elements of mediation programs instituted by agencies charged with investigating and adjudicating statutory workplace claims.

Judith Cohen

Sophisticated Awareness Is Necessary For Effective Disabilities Act Mediation

(4/01/97)Judith Cohen

Mediators should have experience in the areas of ADA and disability access. Many people feel uncomfortable dealing with people who have disabilities. A mediator should set a correct tone by interacting appropriately and by using appropriate disability terminology.