Mediate.com Forum

In May 2005, the National Council on Disability (NCD) posted to their website a technical assistance document on accessible mediation for parties with disabilities. Specifically, the "Questions and Answers for Mediation Providers: Mediation and the Americans with Disabilities Act (ADA)" was jointly prepared by the NCD, EEOC, and the U.S. Department of Justice and can be located at http://www.ncd.gov/newsroom/publications/2005/ada_mediators.htm

Pattie Porter, LCSW

ADA Mediation Forum Moderator

To the report in its entirety, go to http://www.usdoj.gov/crt/ada/julsep04.htm#anchor%20Formal%20Settlements

An increasing number of people with disabilities and disability rights organizations are specifically requesting the Department to refer their complaints to mediation. More than 400 professional mediators are available nationwide to mediate ADA cases. Over 75 percent of the cases in which mediation has been completed have been successfully resolved. Following are recent examples of results reached through mediation.

• In New Hampshire, an individual with food allergies complained that a dinner train tour refused to allow her to bring her own food. The tour operator affirmed its existing policy of allowing customers to bring medically necessary food on the train, developed a new policy of making alternate dietary selections available to all customers upon 24 hours notice, and advertised the new policy in its print advertisements, brochures, and website.
  
  
• In Washington State, an individual with a disability complained that an RV campground refused access to her because she uses a service animal. The park managers agreed to admit guests who use service animals and apologized to the complainant for the treatment she received by the staff. They agreed to train staff on the ADA, using instructors from a local center for independent living, donate $75 to the center, and work with the center to provide ADA information to other area businesses.& in the parking lot of a public park and built a ramp from the lot to the park entrance, installed a ramp nearby to provide access to an area reserved for festivals, and built a wheelchair accessible sidewalk between the park and the downtown area. At the city hall building, the city painted new crosswalks in front of the entrance with curb ramps at either end, installed automatic door openers at the front entrance, and provided accessible restrooms inside the building. In the downtown area, the city replaced all sidewalks, installed curb cuts at every intersection, and created four van-accessible spaces. Finally, the city acquired assistive listening equipment for use during public hearings and meetings.
  
  
• In Indiana, a wheelchair user complained that a hotel parking lot did not have clearly marked accessible parking spaces and that the room provided was not fully accessible. The hotel agreed to renovate four of its rooms to be fully accessible and to restripe the parking lot to provide accessible parking. In addition, the hotel agreed to compensate the complainant $300 and offered one free night’s stay at the hotel at the complainant’s request.
  
  
• In Missouri, an individual who is deaf alleged that an attorney failed to provide an interpreter during several consultations. The attorney developed a written policy for providing auxiliary aids to ensure effective communication and trained the office staff on its ADA obligations. In addition, the attorney contacted the local bar association and proposed a seminar on working with clients who are deaf to be presented by two members of a deaf advocacy group in Missouri.

Patricia "Pattie" Porter, LCSW

Moderator

BARRIERS TO PARTICIPATION: Accommodating Differences for Resolution

Presenter:  PATRICIA “Pattie” PORTER

Thursday, January 27, 2005

8:30 a.m. to 5:00 p.m.

Suffolk University Law School

Boston, Massachusetts

Disability awareness is essential for mediators and others whose professions involve assisting others to resolve conflict.  This interactive workshop introduces the ADA Mediation Guidelines and addresses the special needs of people with all types of disabilities including cognitive, physical, and psychiatric.  Further enhancing disability awareness and etiquette for those who manage conflict, this workshop also addresses how to accommodate people’s special needs in a dispute resolution setting and how the pre-planning or convening stage can affect the mediation process.

Please see www.disputed.com for information on CONTINUING EDUCATION CREDITS for Psychologists and Social Workers and registration. Space is limited to 28 so please register early.

We welcome newcomers to the ADA Mediation Meeting Hall for discussion of disability-related mediation and conflict resolution practices. For legal advice, the facts of each case make legal professionals the most reliable resource. Regarding the recent posting involving an employee with diabetes and a broken ankle, by mediating or engaging in a collaborative negotiation to explore reasonable accommodations, the parties would be engaging in the ADA-required "interactive dialogue."

For a review of the Reasonable Accommodation Negotiation Process steps, read the article "ADA Mediation Guidelines: An Ongoing Endeavor" at www.mediate.com/articles/cohen4.cfm The Job Accommodation Network (JAN) www.jan.wvu.edu/links/adalinks.htm is a great resource for accommdation options for parties and mediatiors.

Do other readers have mediation experiences to share regarding attendance issues and disablity?

Patricia "Pattie" Porter, LCSW Conflict Connections, Inc. ADA Mediation Meeting Room Moderator pmporter@conflictconnections.com

Good morning: Employee has Diabetes and is on approved FMLA.Employee had an accident at home, Broke their Ankle has been out of work for 3 months. Employee will not qualify for FMLA next year due to the fact that they have not work the required hours to qualify.

Employee will return to work as ADA Diabetes, The consern is that when the employee is unable to go to work or leaves work prior to the end of their shift. When the company conducts the sick review they could be looking at progressive discipline.

Can the company suspend /Terminate the employee, or is the

employee protected under ADA.

Dear friend,

CADRE, the National Center on Dispute Resolution in Special Education, is pleased to announce “Moving Upstream: The Third National Symposium on Dispute Resolution in Special Education” convening December 2-4, 2004 in Washington, DC.  The Symposium will provide participants with the latest information on how to improve practices across the expanding dispute resolution continuum, advanced conflict management skills and knowledge critical to the effective resolution of special education disputes, and a better understanding of the effective management and coordination of dispute resolution systems.  The program agenda includes a number of keynote addresses as well as 35 workshops that we believe may be of special interest to practitioners in the disabilities area including:

• Early and Innovative Dispute Resolution Process and Practices
• Intervening in Difficult Conversations
• Guerrilla Mediation
• Advanced Mediation Skills: Empowerment, Strategy & Style
• Creating Conflict Partnerships: Essential Steps to Resolving Disputes
• Strategies for Effective Family-School-Community Partnerships
• Disputant Perceptions of Institutionalized Special Education Mediation Services
• Mediation Agreements: Design, Implementation and Enforceability
• The Role of Students In Special Education Mediation
• Illuminating Research in Special Education ADR
• Engaging Parent Perspectives in State and Local Dispute Resolution Systems
• Voluntary Binding Arbitration: The Promises And The Cautions
• The Conflict Partnership Catalyst Process: An Alternative to Mediation
• Moving Toward More Productive Conversations: Practical Approaches to Improving Early Conflict Resolution Through Effective Communication
• Mediating Special Ed Disputes Really Is Different! Some Possibly New and Different Tips and Strategies
• Using Data and Thoughtful Self-Examination to Improve Dispute Resolution System Performance

This is the only event of its type and your participation is very important.  For more information about the Symposium, visit the CADRE website:  www.directionservice.org/cadre/2004_conference.htm or contact Philip Moses, Symposium Chair at (541) 686-5060, cadre@directionservice.org.

Hope to see some of you there!

Philip

Welcome to the Meeting Hall on the "Americans with Disabilities Act and Conflict Resolution."

This meeting hall focuses on the issues that conflict resolution practitioners, mediators in particular, need to be aware of when when working with disability-related issues.

Merging the area of the Americans with Disabilities Act (ADA) and mediation practices is what is known as the ADA mediation field. Over the last 10 years, theoretical and philosophical discussions have formed and guided the field. How has the ADA mediation field changed how practitioners think about and practice as mediators? as conflict resolution practitioners?

Patricia "Pattie" Porter
Moderator