Category: ADA

ADA Mediation Refresher author.

ADA Mediation Refresher

This is a collection of listserv posts (May 2 – July 28, 2021) that were part of a weekly refresher...

By Judith Cohen
ADA Mediation Guidelines author.

ADA Mediation Guidelines

Introduction The ADA Mediation Guidelines for mediation providers are the product of a national Work Group convened to develop mediation...

By ADA Mediation Guidelines Work Group ADA
Changing Standards author.

Changing Standards

Mediate.com has been around for over 25 years, and over that time we have published thousands of articles on every...

By Clare Fowler
Creating Accessible Mediation author.

Creating Accessible Mediation

Individuals with disabilities should have access to tools to settle all types of conflicts including discrimination issues. Mediation is a...

By Heather Kennedy
Recent Court ADA Case Review for Conflict Resolution Practitioners author.

Recent Court ADA Case Review for Conflict Resolution Practitioners

This paper was part of a directed reading assignment for California State University Dominguez Hills, with Dr. Jarrett.  INTRODUCTION It...

By Heather Kennedy
How to Help Parties With Disabilities Without Discriminating author.

How to Help Parties With Disabilities Without Discriminating

When we perceive that someone may have a disability, it is common to think about ways to help that person. ...

By Dan Berstein
Disability Mediation : An Overview author.

Disability Mediation : An Overview

There is an on-going need for disability mediation in the civil, commercial, workplace and family context, as there remains a...

By Ryan Compton
Why Disability Mediation is Crucial author.

Why Disability Mediation is Crucial

CMP Resolution Blog by Lesley Allport and Katherine Graham.Disabled people are significantly more likely to experience unfair treatment at work...

By Roland Chesters
On the Question of a Party’s Capacity to Use Mediation author.

On the Question of a Party’s Capacity to Use Mediation

A mediator came to me for a consult with the following situation while co-mediating a Harassment Prevention case in a...

By Jeanne Cleary
The ADA Mediation Guidelines: A Community Collaboration Moves the Field Forward author.

The ADA Mediation Guidelines: A Community Collaboration Moves the Field Forward

  The Americans with Disabilities Act ("ADA"),[1] was the first civil rights statute to explicitly encourage the use of Alternative...

By Judith Cohen
Mediation & People With Disabilities author.

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...

By Jeff Thompson
Negotiating Disability author.

Negotiating Disability

Last summer an online magazine for entrepreneurial women elevated form over substance when it advised its audience to accessorize for...

By Diane J. Levin
Feeling Extorted? Mr. Molski’s Serial ADA Litigation and Why We Settle author.

Feeling Extorted? Mr. Molski’s Serial ADA Litigation and Why We Settle

Many in the legal blogosphere are buzzing about the recent Supreme Court decision letting stand a Central District injunction barring...

By Victoria Pynchon
Concept of Undue Hardship and Reasonable Accommodation in the Employment Context author.

Concept of Undue Hardship and Reasonable Accommodation in the Employment Context

Republished online with the permission of the American Bar AssociationWhat is a reasonable accomodation in the employment context? Under the...

By William D. Goren
Workplace Disability Conflict Management author.

Workplace Disability Conflict Management

Dear Friends, This last posting brings our ADA Mediation Section web page to a close after over five busy years....

By Judith Cohen
Questions and Answers for Parties to Mediation: Mediation and the Americans with Disabilities Act author.

Questions and Answers for Parties to Mediation: Mediation and the Americans with Disabilities Act

Introduction The Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (Rehabilitation Act) make it unlawful...

By Managing Editor
EEOC’s 10 Reasons to Mediate author.

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. Mediation...

By EEOC National Mediation Program EEOC
Lessons from the Bioethics Field author.

Lessons from the Bioethics Field

REPRINTED WITH PERMISSION. This article was originally published in Alternatives, Volume 21, Number 6 (June 2003). Mediating disputes with persons...

By Ellen Waldman
Maximizing Effective Participation author.

Maximizing Effective Participation

REPRINTED WITH PERMISSION. This article was originally published in Alternatives, Volume 21, Number 6 (June 2003). This article addresses party...

By Patricia Porter

Mediation Capacity and Self-Determination: A Recommendation On The Model Standards Of Conduct

Many mediator ethics codes, including the widely used Model Standards of Conduct for Mediators (American Bar Association Sections of Dispute...

By Association of the Bar of NY

Addressing Capacity: What Is the Role of the Mediator?

A colleague of mine once said, “Never put a period after the word ‘capacity.” That is, always ask “capacity for...

By Erica Wood
Fulfilling Your Obligations on Mediation Capacity author.

Fulfilling Your Obligations on Mediation Capacity

The mediation is going smoothly . . . the attorneys are cooperating . . . but the mediator is starting...

By Judith Cohen

It is Not a Disability Issue

REPRINTED WITH PERMISSION. This article was originally published in Alternatives, Volume 21, Number 6 (June 2003). The issue of party...

By Kathleen Blank
Ensuring Self-Determination through Mediation Readiness: Ethical Considerations author.

Ensuring Self-Determination through Mediation Readiness: Ethical Considerations

The maintenance of disputant self-determination is among the most important and defining characteristics of mediation; to understand its preeminence, one...

By Tim Hedeen
Convening for Enhanced Self-Determination and Access to the Process author.

Convening for Enhanced Self-Determination and Access to the Process

Reprinted from The Texas Mediator, Volume 18, Number 2, Summer 2003 A publication of the Texas Association of Mediators www.txmediator.org...

By Judith Cohen
Remarks From The ADA  Editors author.

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....

By Judith Cohen, Patricia Porter
ADA Mediation Guidelines: An Ongoing Endeavor author.

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....

By Judith Cohen
Mediating Reasonable Accommodations for ADA Cases: What every mediator needs to know author.

Mediating Reasonable Accommodations for ADA Cases: What every mediator needs to know

“What has disability got to do with conflict?” The disability itself is not the source of "conflict" between parties. Instead,...

By Debra Dupree
Considerations for Mediating with People Who Are Culturally Deaf author.

Considerations for Mediating with People Who Are Culturally Deaf

This document is a publication of the Consortium for Appropriate Dispute Resolution in Special Education (CADRE). Funding for this document...

By Annette Leonard, Debi Duren, John Reiman
ADA Mediation-Important Challenges Remain author.

ADA Mediation-Important Challenges Remain

Disability mediation has become an accepted and developing segment of the ADR field since the publication of the ADA Mediation...

By Judith Cohen

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