ADA Mediation Articles
(7/30/01)Paul Steven Miller
Certainly litigation in federal court is a critical component to implementing
this vital civil rights statute, and mediation is not appropriate for every kind
of disability employment rights case. However, mediation is not second-class
justice either, and in many instances, with procedural safeguards to ensure
fairness, mediation can provide better justice than a lawsuit.
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.
One approach which will be useful in meeting the parties' obligation to engage in a meaningful interactive process in some sensitive reasonable accommodation situations is to employ a neutral to facilitate the process. Although similar to the rather more common variety of mediations in employment disputes, facilitation entails some differences of format.
(7/16/01)Institute for ADA Mediation
The tenets were developed as
the policy statement of the Institute for ADA Mediation, Louisville,
Kentucky.Its core principles focus
on resolving workplace disputes under ADA Title I, but apply to other types of ADA mediation, as
well as to mediation of disputes arising under other disability-related civil
(6/04/01) ABA Commission on Legal Problems of the Elderly
Dispute resolution resources offer great potential for assisting older persons and persons with disabilities in resolving conflicts in humane, lasting, expeditious, cost-effective and often empowering ways.
In 1998, the American Bar Association Commission on Legal Problems of the Elderly received funding from The William and Flora Hewlett Foundation to promote the integration of conflict resolution in the aging and disability fields.
(5/10/01) Douglas R. Andres & Clay D. Creps
The Americans With
Disabilities Act (“ADA”)
requires employers to
the disabilities of their
employees. According to
accommodations are to be
determined by what is
termed an interactive
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.
(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.
Plaintiffs and defendants alike benefit from the clear choices generated in the mediation of psychiatric disability claims.
(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
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.
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.
(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.
(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?
(11/09/99) Equal Employment Opportunity Commission
These regulations cover the U.S. federal sector and are designed to encourage equal employment opportunities.
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.
(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.
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.