Articles and Video:
From Judy Cohen
Aside from being a critical resource for mediation practitioners and users everywhere, I will always remember that mediate.com provided critical support for ADA mediation in it formative years. Mediate.com hosted the ADA Mediation Online Discussion Group starting in 2000. The ADA Mediation Page, also established in 2000, was a valuable space for gathering new writing on mediation involving people with disabilities. While no longer in existence as a formal edited page, the previous collection is still there, new writing on the topic still appears, and mediate.com continues to be an ongoing resource for us. Thank you, mediate.com!
From Judy Cohen
Congratulations and thank you to Mediate.com for being such a valuable resource for the mediation community -- and for those who want to learn about or to use mediation. Here's to many more issues of the Newsletter and to many more years of Mediate.com making wide-ranging thought on our field accessible to so many.
Workplace Disability Conflict Management
The publication of “Workplace Disability Conflict Management Best Practices” below brings us full circle in a sense. Our focus has shifted from ADA mediation as a specialized field of practice to its current integration as “ADA conflict management practices” into standard operating procedure at many organizations.
Going Beyond ADR: A Federal Sector Mission- and Work Life- Centered Approach to Building Collaboration and Democratic Values on the Job
Mediation–and its related values--has laid an important foundation for a collaborative workplace. But dispute resolution and conflict management programs’ impact on agency function has, arguably, been minor. This article explores moving beyond alternative dispute resolution and conflict management and describes how one program enriched its organization by exploring this potential. 2 Comments
Fulfilling Your Obligations on Mediation Capacity
Mediators need to be concerned when parties face obstacles to self-determination, a core value in mediation. When a party appears to have difficulty comprehending the mediation process, or seems unable to participate actively, the mediator needs to step back and explore those obstacles with the party. As mediation has moved into the legal arena, where parties are normally represented by counsel, the mediator may be less concerned about the party’s self-determination and informed decision-making.
Convening for Enhanced Self-Determination and Access to the Process
If confidentially is the heart of mediation, self-determination is its soul. The success of any mediation depends on the parties’ self-determination – that is, their ability to make voluntary, uncoerced, informed decisions. From that perspective, it is disturbing that mediators so frequently find ourselves engaged with parties who seem unprepared to mediate effectively. 1 Comment
Reflective Practice: How Veterans Can Benefit from Rookie Training
Traditionally, mediators have regarded training as the route to skills enhancement. Professional development conducted during day-to-day practice, however, is an even more powerful resource for practitioners seeking a disciplined and introspective way of thinking about interventions. Reflective practice challenges experienced mediators to keep our skills sharp and to develop a deeper approach to our work. 2 Comments
Remarks From The ADA Editors
A multitude of conflict situations from interpersonal disputes to work performance issues, EEO complaints and grievances abound in the workplace. Misperceptions, lack of knowledge, miscommunication, and attitudes surrounding employees with disabilities are also potential sources of workplace conflict and may compound the other typical conflict areas.
ADA Mediation Guidelines: An Ongoing Endeavor
The three-year process of developing the ADA Mediation Guidelines, housed at the Kukin Program for Conflict Resolution at Benjamin N. Cardozo School of Law, saw a tremendous collaboration with mediators, stakeholders and advocates. As the Work Group intended, the collaborative process that created the Guidelines has continued in the intervening years. This article addresses some of the resulting developments, the most significant of which have been in the areas of accommodation and mediation capacity, and the author's observations and reflections.
ADA Mediation-Important Challenges Remain
While many mediation providers have incorporated the ADA Mediation Guidelines into their practice, there remain gaps in practice areas. This editorial addresses two major areas that need work. 1) To a large extent, codes of conduct still do not reflect current disability rights and obligations in the mediation context. 2) Organizational providers, by and large, have not implemented effective procedures for accommodating mediation participants who have disabilities.
The ADA Mediation Guidelines: A Community Collaboration Moves the Field Forward
The ADA Mediation Guidelines: A Community Collaboration Moves the Field Forward describes the various issues such as accessible process and informed consent faced by a group of twelve mediators and how they resolved these issues. This group, known as the ADA Mediation Guidelines Work Group, evolved from informal discussions regarding the lack of standards in ADA mediation and the need to address the quality of the process. The article closes with a view at the impact of the Guidelines on the field and future issues to consider.
ADA Mediation Page Editorial (Summer 2001)
This summer's ADA Mediation Page offerings show us - through old and new writings -- how dramatically the field has evolved since the EEOC pilot project in 1991 and even in the few years since the ADA Mediation Guidelines were first proposed and discussed in the mediation and advocacy communities several years ago.
ADA Mediation Page Editorial 1
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.
Unique Issues In Mediating ADA Disputes
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.
Mediating Employment Disputes Under the Disabilities Act
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. 3 Comments
Making Mediation Sessions Accessible To People With Disabilities
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. 2 Comments
Sophisticated Awareness Is Necessary For Effective Disabilities Act Mediation
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. 1 Comment
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