ADA Section

ADA Mediation Articles

Community-Based Alternatives for Individuals With Disabilities (Executive Order 13217 of June 18, 2001)

(8/27/01) President George Bush

Whenever possible, the Department of Justice and the Department of Health and Human Services should work cooperatively with States to resolve these complaints, and should use alternative dispute resolution to bring these complaints to a quick and constructive resolution.

Forum Discussion
Paul Steven Miller

A Just Alternative or Just an Alternative? Mediation and the Americans with Disabilities Act

(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.

Judith Cohen

ADA Mediation Page Editorial (Summer 2001)

(7/30/01)Judith Cohen

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.

Resolution Of Reasonable Accomodation Disputes

(7/16/01)Sara Adler

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.

Tenets of Effective ADA Mediation

(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 rights laws.

Forum Discussion

Building Coalitions in Aging, Disability and Dispute Resolution

(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.

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.

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.

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.