Search Articles, News, Blogs & Videos
|
You searched on ada, disability, americans with disabilities act |
Articles:
|
Mediation & People With Disabilities
For those who miss the monthly NYC-DR Roundtable Breakfast meetings sponsored by ACRGNY and John Jay College due to schedules (yes, we are all very busy conflict resolvers) or due to locations (I guess everyone doesn't live in New York City!), I plan to write a recap of each gathering I attend. |
|
Negotiating Disability
Last summer an online magazine for entrepreneurial women elevated form over substance when it advised its audience to accessorize for that big negotiation and mimic the “look” of the person on the other side of the table. I responded with a post criticizing the undue focus on physical appearance: |
|
Feeling Extorted? Mr. Molski's Serial ADA Litigation and Why We Settle
Because accessibility cases always cost more to defend than to settle and because they're often indefensible, the rational business decision is simply to settle the darn things. No one, however, wants to be extorted. And in the few ADA cases I've mediated, it's the principled refusal to pay money at the point of a gun that interferes with a business establishment's willingness to do the economically "rational" thing rather than, say, try it; appeal it to the Ninth Circuit; and, pursue it to the Supreme Court of the United States. |
|
Questions and Answers for Mediation Providers: Mediation and the Americans with Disabilities Act (ADA)
U.S. EEOC, National Council on Disability & U.S. Department of Justice 03/04/2006 More than ever, employers and employees are turning to mediation to resolve equal employment opportunity (EEO) disputes. While the proliferation of public and private sector programs has been a boon for employers and employees alike, many mediators have sought guidance on how to ensure that the mediation process is accessible to participants with disabilities. Mediators also have raised questions about special considerations that may arise when mediating employment cases alleging discrimination under the Americans with Disabilities Act (ADA) or the Rehabilitation Act of 1973 (Rehabilitation Act). |
|
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. |
|
|
Questions and Answers for Parties to Mediation: Mediation and the Americans with Disabilities Act
U.S. EEOC, National Council on Disability & U.S. Department of Justice 03/04/2006 This guide helps individuals with disabilities and their representatives understand their rights and responsibilities when mediating equal employment opportunity (EEO) disputes. |
|
Concept of Undue Hardship and Reasonable Accommodation in the Employment Context
What is a reasonable accomodation in the employment context? Under the ADA, reasonable accommodation is defined in the negative. More specifically, a reasonable accommodation is anything that does not constitute an undue hardship. Thus, it becomes imperative to know what an undue hardship is. |
|
EEOC's 10 Reasons to Mediate
The new video 10 Reasons to Mediate introduces businesses to the Equal Employment Opportunity Commission's (EEOC) National Mediation Program. |
|
|
It is Not a Disability Issue
The issue of party capacity to mediate comes up with some frequency in the context of disputes involving one or more parties with a disability. Although capacity is an issue that applies to parties who are not people with disabilities, parties with disabilities more often may be judged unfairly as lacking in capacity. |
|
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. |
|
Alternatives to ADA Mediation: An Organizational Ombuds Perspective
In my own experience as an organizational ombudsperson – an impartial, independent, confidential, off-the-record resource for conflict resolution -- I have often noticed the frequency with which illness, injury or disability is a factor in workplace disputes. Though there can be no dispute about the value of formal mediation of ADA workplace conflicts, in some situations there are other forms of conciliation or informal resolution that may be more appropriate. |
|
Mediating Reasonable Accommodations for ADA Cases: What every mediator needs to know
When faced with the impact of disability in the workplace, both the employee and employer often lack appropriate information about the interactive reasonable accommodation process, their rights and responsibilities under the law, and the disability itself. |
|
|
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. |
Videos:
|
Mediation in Disability Cases - Video
This video by Leo Hura shows a parent with a disabled child. She finds herself in a dispute with her school, but through the mediation process she reaches agreement with school regarding her disabled child in a culinary program. |
Copyright 1996-2013 © Resourceful Internet Solutions, Inc. All rights reserved.
