QUESTIONS AND ANSWERS FOR MEDIATION PROVIDERS:

MEDIATION AND THE AMERICANS WITH DISABILITIES ACT (ADA)

PREPARED JOINTLY BY THE

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

NATIONAL COUNCIL ON DISABILITY

U.S. DEPARTMENT OF JUSTICE

May 10, 2005
1The principles for ensuring accessibility of the mediation process are

discussed here in general terms that apply to all mediation providers and

participants who may be covered under the ADA or the Rehabilitation Act, as

well as others who may voluntarily adopt those principles as best practices. 

The ADA prohibits disability discrimination by private employers, state and

local governments, and public accommodations; the Rehabilitation Act contains

similar anti-discrimination rules that apply to executive branch federal

government agencies as well as various federally funded programs and

activities. For purposes of this document, the term “ADA” is generally used to

refer to both the ADA and the Rehabilitation Act. 

2Although this guide focuses on mediation, it will generally also apply to

other types of Alternative Dispute Resolution (ADR), such as conciliation, early

neutral evaluation, or settlement conferences.

2

Questions and Answers for Mediation Providers: 

Mediation and the Americans with Disabilities Act (ADA)

 Introduction

More than ever, employers and employees are turning to mediation and

other forms of Alternative Dispute Resolution (ADR) to resolve equal

employment opportunity (EEO) disputes. While the proliferation of public and

private sector ADR 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).1 

There are two basic ways that disability issues may arise in mediation

concerning EEO disputes. First, the dispute itself may raise a claim under Titles

I or II of the ADA or Section 501 of the Rehabilitation Act, such as allegations

of disparate treatment based on disability, denial of reasonable

accommodation, improper disability-related inquiries and medical

examinations, or breach of medical confidentiality. Second, in some cases

presented for mediation – whether or not the case arises under the ADA or

Rehabilitation Act – parties or their representatives may request a reasonable

accommodation for the mediation process itself. 

This technical assistance document addresses frequently asked questions

regarding the ADA and mediation.2

 It is intended for any mediation provider

handling EEO disputes, whether affiliated with an employer-provided,

organizational, or solo practice mediation service in either the public or private
3The term “reasonable accommodation” is used in this document to refer

not only to “reasonable accommodation” in employer-sponsored mediation

programs, but also “reasonable modifications of policies, practices, and

procedures,” the provision of “auxiliary aids and services,” and other similar

changes that provide accessibility for people with disabilities in private and

government-sponsored mediation programs. “Auxiliary aids” include such

services or devices as qualified interpreters, assistive listening devices,

telecommunications devices for deaf persons (“TDD” or “TTY”), readers, taped

texts, Brailled materials, and large print materials.

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sector. The topics addressed include how to provide access to mediation for

participants with disabilities, what types of accommodation may be required,

how to handle associated costs, and suggested ADA training of mediators.

General Considerations

1. What legal obligations do mediation providers have to participants in

the mediation process who are individuals with disabilities?

Titles I and II of the ADA and Section 501 of the Rehabilitation Act

collectively prohibit private employers with fifteen or more employees and

federal, state, and local government employers of any size from discriminating

against qualified individuals with disabilities with respect to all terms,

conditions, and privileges of employment. These laws also require covered

employers to make “reasonable accommodations” that enable qualified

individuals with disabilities to enjoy equal employment opportunities. 

Consequently, when an employer provides mediation of EEO disputes as a

benefit or privilege of employment, it must make reasonable accommodations

needed for the mediation, absent undue hardship (i.e., significant difficulty or

expense in light of the employer’s resources and business operations).

An outside mediator has a similar obligation under Title II (covering state

and local governments) or Title III of the ADA (covering public

accommodations), or under Section 504 of the Rehabilitation Act (covering

government programs and activities) to provide auxiliary aids, effective

communication, and accessible services unless an undue burden or

fundamental alteration of the nature of the mediation program would result.3

 

Example: A private practice solo mediator is offering mediation

services on a case in which one of the parties has requested a sign

language interpreter due to a hearing impairment. The mediator

contacts an interpreter service, and learns that hiring an

interpreter will cost $80/hour. The mediation is expected to last 6
4ADA Mediation Guidelines (2000) at Section B.1. (available at

http://www.cojcr.org).

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hours. The total cost of $480 to provide the interpreter is unlikely

to be deemed a “significant difficulty or expense” under the ADA,

because the overall financial resources of the mediation provider

are considered, not just the fee for that single mediation.

 Practice Tip: Mediation providers should anticipate that

accommodations or auxiliary aids and services will be

periodically requested, and should take this into account in

annual budget planning. 

2. Apart from any legal obligations, are there any ethical codes or

practice standards that address accessibility of the mediation

process?

Yes. The Model Standards of Conduct for Mediators (1994),

http://www.abanet.org/ftp/pub/dispute/modstan.txt, state that among the

obligations of mediators to improve the practice of mediation is the duty “to

make mediation accessible to those who would like to use it.” (Comment to

Model Standard IX). In addition, several voluntary practice standards have been

issued by mediation organizations which specifically address disability

accessibility, including the ADA Mediation Guidelines (2000), available at

http://www.cojcr.org, issued by a national work group comprised of

representatives from a variety of organizations, and the Practice Standards for

ADA Mediators (1999), available at

http://www.keybridge.org/med_info/ada/ada_mediator_standards.htm, issued

by the Center for Mediation, Key Bridge Foundation, Washington, D.C. These

sources suggest that mediators can consider voluntary best practices such as:

! using “the broadest definition of disability” when deciding whether

to provide an accommodation;4

! encouraging parties to use the ADA/Rehabilitation Act legal and

community resources available to become familiar with their rights

and responsibilities, so that they can fully consider their interests

and options;

! where a question arises about a party’s capacity to participate in

mediation, assessing the party’s abilities and determining

appropriate accommodations through dialogue with the party,
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rather than making assumptions about a party’s abilities based on

her medical condition or diagnosis;

! advising parties of their right to independent legal or other

representation;

! ensuring that the mediator has sufficient information about the

case and accessibility needs to plan the mediation and manage it

effectively;

! clearly defining the role of representatives (e.g., disability rights

advocate, expert, vocational rehabilitation counselor, family

member, attorney, union representative, or other person), neutral

experts and resource persons, personal assistants, interpreters,

and other non-party participants in the mediation;

! ensuring mediator training and post-training mediation support,

on substantive law and procedural issues, disability awareness, and

the practical application of mediation to ADA disputes;

! ensuring mediator competency, i.e., knowledge of disabilities,

disability access, and disability law, including general ADA case law

developments and guidance issued by regulatory agencies; and,

! maintaining confidentiality of disability-related information in

arranging access and when conducting the mediation.

3. What does it mean for the mediation process to be accessible for

people with disabilities?

Making the mediation accessible for individuals with disabilities may

mean providing auxiliary aids or services, adapting procedures, modifying

policies, changing locations, or other methods of removing barriers to full and

informed participation in the process. As a best practice, mediators should

help all parties identify what they need to participate effectively in the

mediation and reasonably adapt the process to their needs. 

A mediator should consider whether the parties can:

! physically access the mediation facility;

! obtain and use necessary information related to the mediation

process;

! understand the purpose and goals of the mediation;
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! understand the role of each person present (including advocates,

support persons, resource persons or neutral experts, interpreters,

etc.);

! understand the steps in the mediation process and the “ground

rules”; and,

! participate as fully as possible according to each party’s abilities in

all phases of the mediation process, including preliminary phases.

A detailed chart setting forth common disability-related

accommodation requests and solutions relating to the mediation process is

attached at Appendix A. 

Accommodating Mediation Participants with Disabilities

The following questions and answers address situations in which

reasonable accommodations may be necessary to make the mediation process

accessible to individuals with disabilities. While the legal obligation of a

mediation provider (or an employer that offers mediation as a benefit or

privilege of employment) extends only to those who meet the ADA and

Rehabilitation Act’s definition of an “individual with a disability,” mediation

providers are free to take measures, in accordance with their understanding of

ethical obligations or their adoption of best practices, that lead to a greater

level of accessibility than the law requires.

4. Does a mediator need to change the way a mediation is ordinarily

handled to accommodate someone with a disability?

In some instances, yes. In addition to ensuring that the mediation site is

physically accessible, a mediator may need to modify some typical mediation

procedures to ensure that the mediation process is accessible. This does not

mean compromising the impartiality and effectiveness of the mediator. 

Example: To accommodate a party with a traumatic brain injury

who is unable to follow the process for sustained periods of time, a

mediator may need to allow more frequent breaks than are usually

taken.

Example: An individual with a cognitive disability tells the mediator

that she is having difficulty following discussions and

understanding various settlement alternatives available to her. She

asks the mediator to advise her what settlement option he thinks

is best and to do whatever he can to help convince the employer to

agree to it. This is not a reasonable accommodation, because it

would require the mediator to act as an advisor to, or advocate for,
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one of the parties, rather than as a neutral third party, and would

thus fundamentally alter the nature of the mediation process. (Of

course, the mediator may advise the individual regarding her right

to bring a representative, such as an attorney or family member, to

serve as an advocate during the mediation.) 

5. How should the mediator find out if any of the participants need

accommodation because of a disability?

When a mediation program has an intake or screening process before the

case is referred to a mediator, the intake process should include: 

! asking whether any accommodations may be needed;

! making arrangements for the accommodations requested; and,

! advising the mediator of any accommodation arrangements that

have been made and any accommodation needs that the mediator

will need to address. 

Referral sources and intake personnel should ensure that mediation

providers are advised in advance when their cases involve parties with

disabilities who need accommodation, and when any accessibility arrangements

have already been made or any process changes or other accommodations have

been requested. Mediators should also consult directly with the parties and

their representatives before the first session to help identify any accessibility

needs. This consultation can be conducted in person, by telephone, or by email. 

A sample intake form is attached as Appendix B.

 Practice Tip: Through either a standardized intake form or

standardized verbal inquiry, always ask all parties during the

intake procedure and/or during the convening phase what, if

anything, they will need to facilitate participation in the

mediation. 

 Practice Tip: If intake is done by someone other than the

mediator, establish a standardized procedure for fully

communicating to the mediator before the mediation begins

any accommodation requests made during intake,

arrangements which have been made following intake in

response to the requests, and any accommodation issues

that may remain for the mediator to address.
5To obtain more information regarding the accessibility and design

requirements for new construction, barrier removal in existing facilities, and

other site accessibility issues, contact the U.S. Department of Justice ADA

Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TDD), or the

Architectural and Transportation Barriers Compliance Board (“Access Board”) at

(800) USA-ABLE (1-800-872-2253). 

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6. Should mediators ask all mediation participants if they need

accommodations?

Yes. As a best practice, mediators should explain the mediation process

to all the parties and ask if there is anything they might need to help them

participate effectively. The inquiry should not be limited to parties whose

potential need for accommodation is immediately apparent, since many

disabilities are not obvious. This is consistent with the standard practice of

most mediators, of describing the process and asking all parties if there are

any modifications they will need, whether for disability-related or other

reasons. The mediator also should be aware that a party might not be able to

anticipate all necessary accommodations until the party is involved in the

mediation process. If a barrier does not become apparent or a request has not

been made until after the mediation has begun, accommodations can be

considered and provided at that time.

7. Does a mediation participant have to ask for an accommodation for a

disability in order to trigger any legal obligation to provide it?

In general, mediation providers should be proactive regarding

accessibility, for example holding mediations in physically accessible locations

and ensuring that mediation staff understand basic ADA accessibility

provisions such as the right to enter with a service animal.5 However,

individuals will need to request accommodation in cases where the mediation

provider will not otherwise know that any policy modifications or services

requiring advance arrangements are needed (e.g., sign language interpreter,

materials in alternative format, special break schedule during mediation

sessions, or other arrangements that might require advance planning or

modifying usual procedures). 

Sometimes a mediation participant will not request accommodation until

the mediation has started. In those instances, the mediation provider should

nevertheless address the request, and proceed to determine whether and what

accommodation can be provided.
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8. Does a mediation participant’s request for accommodation for a

disability have to take any particular form?

No. An individual seeking accommodation should advise the mediation

provider what accommodation is needed and why. The request can be oral

rather than written, and need not contain any magic words, such as “ADA” or

“reasonable accommodation,” but it must be sufficient to give notice of the

need for a change or adjustment due to a physical or mental condition. 

9. What should mediation providers do when a mediation participant

identifies a possible need for accommodation for a disability?

The intake person or mediator should work with the individual and,

where appropriate, with the party’s representative, to determine the

appropriate accommodation. Mediators can avoid unnecessary inquiry about an

individual’s disability by simply describing the process and asking what

accommodations might be needed.

 Practice Tip: Ask what the parties will need rather than

making assumptions. Be candid, open, and specific with

the parties about what information you need to provide

accommodation. For example, it is okay to say “I don’t have

any previous experience mediating with someone who is

blind [deaf, uses a wheelchair, etc.], so I will need your help

to assist you with this process as effectively as possible.”

The mediation provider and the requesting individual should engage in

an informal process to clarify what the individual needs. If the request is

received at the intake stage, the person doing the intake should begin the

accommodation process where feasible, in consultation with the mediator. If it

is not feasible to begin making accommodation arrangements at the intake

stage, the person doing the intake should refer the accommodation request to

the mediation provider.

 Practice Tip: Sometimes the party requesting

accommodation will have particular solutions in mind. In

other instances the party will only know the problem, and the

mediator should explore possible solutions. Help the parties

identify the accommodations they need by first listening to

them, then exploring options for accommodations.

 Practice Tip: Decide together with the party what

accommodation is appropriate and how it will be

implemented. Once the appropriate accommodation has
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been identified, the mediator can ask the party for referrals

to any preferred provider of any auxiliary services, e.g., sign

language interpreters, Braille service, computer-assisted realtime translation (CART), etc. Mediators can also contact

their state or local Independent Living organizations for such

referral or use their own list of local resources for possible

referrals in addition to asking the party for referrals.

A list of potential accommodation resources is included at

Appendix C.

10. Is the mediator required to provide the specific accommodation that

an individual with a disability requests?

No. Except where a specific accessibility standard is required by law, the

mediation provider may choose among reasonable accommodations as long as

the chosen accommodation is effective to remove the barrier to the mediation. 

If a requested accommodation would pose significant difficulty or expense, or

would fundamentally alter the mediation, the mediator must determine if there

is an alternative reasonable accommodation that does not pose these problems

and offer the accommodation if one exists. 

Example: A party with a learning disability asks to tape record the

mediation session, explaining to the mediator that this will

accommodate his inability to take comprehensive notes. The

mediator is concerned that allowing a tape recording of the

mediation session will inhibit the other participants and may raise

confidentiality concerns, and instead offers a qualified note taker

for the session. Assuming the notes are satisfactory, this may be

an equally effective accommodation. 

Example: If a mediator’s office is in an upstairs floor in a building

with no elevator, and thus providing physical access to the office

would be too difficult or costly, the mediator could hold meetings

with a person using a wheelchair on the first floor of the building

or in an alternative accessible location. 

 Practice Tip: Bear in mind that solutions to accessibility

problems are highly individualized, and therefore any given

situation may require a different solution than you have

employed in the past, even for someone with the same

disability.
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11. May an individual with a disability be entitled to more than one

accommodation?

Yes. Some parties may have multiple disabilities and related needs, or a

single disability might affect the person in multiple ways. For example, a

person who is blind and also has emphysema may require an accommodation

for his restricted vision and another accommodation for his inability to walk

long distances or climb stairs.

12. What if more than one participant needs an accommodation, and their

requests are in conflict?

Requests for accommodations sometimes may be in conflict. For

example, one party may need frequent breaks to recap and review what is

happening, and the other party may need to limit the time spent in mediation

because of a physical inability to sit for long periods. The mediator may

suggest a process modification such as an initial joint session to identify

interests and desired outcomes, and then adjourn the session and conduct the

rest of the mediation in subsequent sessions or “shuttle diplomacy style” by

phone if both parties agree.

13. Does a mediation provider have to provide reasonable

accommodation for a non-party participant in the mediation (e.g., a

party’s representative)?

Title III of the ADA prohibits discrimination against people with

disabilities who seek to enjoy the goods, services, facilities, privileges,

advantages, or accommodations offered by places of public accommodation. 

Section 504 of the Rehabilitation Act prohibits discrimination on the basis of

disability against participants in programs or activities that receive federal

financial assistance or that are conducted by the federal government. Title II of

the ADA essentially applies the same standards as Section 504 to State and

local government entities, regardless of whether they receive federal funds. 

Consequently, the following entities must provide accommodations for

non-party participants in a mediation:

! Private mediation providers, whether or not they are retained by an

employer;

! Private employers that receive federal financial assistance and that

provide mediation of disputes to their employees as a benefit or

privilege of employment;
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! Federal agencies, whether providing mediation for their own

employees or for members of the public; and,

! State or local government entities, whether providing mediation for

their own employees or for members of the public (regardless of

whether or not the entity receives federal financial assistance).

The obligation of a private employer covered only by Title I to

accommodate a non-party participant in the mediation of an employee’s EEO

dispute is less clear. In these circumstances, however, providing an

accommodation may help to ensure the fairness of the process and facilitate

resolution of the dispute.

Example: A private employer that receives no federal financial

assistance (and, therefore, is not subject to Section 504 of the

Rehabilitation Act) establishes an in-house mediation program to

resolve EEO disputes and allows employees participating in the

program to bring someone with them to the mediation. An

employee wants to use the mediation program and wants to bring

a representative with him. The representative is blind and uses a

service animal. Allowing the employee’s representative to attend

the mediation with the service animal would ensure that the

employee can have a representative of his choice at the mediation.

14. Who pays for the cost of any accommodations if more than one entity

provides a mediation?

Where two or more entities each have an independent legal obligation to

provide and pay for an accommodation for a mediation participant, they are

both responsible. Therefore, they should communicate and coordinate in

advance to plan who will arrange for the accommodation and how the cost will

be handled. In some cases of joint obligation, one entity will offer to cover the

entire cost; in other cases, a cost-sharing arrangement may be devised. 

15. May providers of mediation services charge an individual with a

disability for the cost of reasonable accommodations, such as sign

language interpreters?

No. If an accommodation needed by an individual with a disability does

not pose significant difficulty or expense, the mediation provider has to

provide and pay for it.

 Practice Tip: Develop a standardized method for handling

any costs associated with providing accommodations for
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mediation, such as a central fund for this purpose. Also, if

you are a private entity, consult with your tax preparer

regarding tax deductions and credits available for providing

reasonable accommodation.

16. Should a mediation provider decline a case if it concludes it can’t

afford to pay for a requested accommodation?

Before you decide that providing an accommodation poses a significant

difficulty or expense, consider some of these alternatives:

! consult with the Job Accommodation Network (JAN), 1-800-526-

7234 (V/TDD, http://www.jan.wvu.edu, or your regional Disability

Business Technical Assistance Center (DBTAC), 1-800-949-4232

(V/TDD), http://www.adata.org, regarding possible no-cost or lowcost options available in your area.

! anticipate the occasional accommodations which will inevitably

need to be provided to some mediation participants, and annually

budget a line item for this expense, or build the expected costs

into your overhead and fee structure. Be sure, however, that you

do not bill a party for the cost of providing accommodations.

! consider asking your local professional association to create an

accommodations resource center or common fund for

accommodation costs incurred by solo mediators.

Mediation Readiness

17. How should a mediator consider a party’s disability in assessing the

party’s capacity to participate in mediation?

Bear in mind that regardless of whether or not a mediation participant

has a disability, people’s capacity to participate effectively in mediation varies

widely based on their knowledge, education, training, personalities, and a host

of other factors. Moreover, even for parties with disabilities, the impact of

their disabling conditions on their functional abilities can vary from day to day. 

Therefore, rather than focusing on the disability, it is most useful for mediators

to focus on communicating with all parties about their needs throughout the

process, and on being prepared to modify the process as needed to enhance

the parties’ participation.
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18. What if a mediator is concerned that an individual cannot participate

competently in a mediation because of a physical or mental

disability?

A best practice is for the mediator to consult with the party before the

mediation begins to determine what he may need to participate in the

mediation. During the convening phase before the first mediation session, the

mediator can discuss with the parties what might enhance each party’s ability

to participate (e.g., later starting time, presence of a representative or support

person, etc.) The mediator’s discussions with the parties during the convening

phase also provide an opportunity for the parties to vent frustrations and

clarify desired outcomes prior to the mediation session. It is also a good

opportunity for the mediator to give a party feedback about any difficulties the

mediator is having understanding the party. The mediator can be candid about

her own need for assistance to understand the party’s needs and interests.

 Practice Tip: Avoid making assumptions about whether a

party is unable to participate in mediation due to an

emotional or cognitive limitation. By taking the time to

understand the party’s perspective and abilities, the

mediator may be able to work with the party to reach an

agreement that the party will be able to carry out.

 Practice Tip: When a party is not able to articulate what he

wants from the process or doesn’t seem to understand the

process, a third party support person whom the party

respects and trusts can be very helpful. The support person

can serve as an ally and coach to the party, helping the party

follow what is happening, evaluate options, and decide what

is in the party’s best interest. This person might be a

trusted family member, friend, co-worker, or attorney.

In addition, frequent private caucuses give the mediator the opportunity

to check in with the parties and assess whether something else is needed. The

mediator should attempt to provide an appropriate accommodation whenever

possible. If the mediator determines, however, that she can no longer

effectively facilitate the party’s participation, the mediator should inform the

parties that she cannot conduct the mediation and should withdraw from the

case.
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Establishing Effective Procedures

19. What should a mediation provider include in its policies and

procedures to help ensure that mediation services are accessible?

! A standardized procedure and clear program guidelines for:

• relaying any accommodation request information obtained

by the intake personnel or referral source;

• inquiring about accessibility needs at the convening phase;

• processing accommodation requests; 

• locating resources to assist the mediator in resolving an

accommodation issue; and,

• providing and funding accommodations (explain who is

responsible for processing accommodation requests in your

organization, and outline the steps to take and resources to

consult if an accommodation request is received).

! A method for tracking information regarding accommodations

provided for mediation, so that you can analyze whether there are

any problems and implement appropriate changes to your

accommodation policy and procedures.

! A way of clearly communicating your accessibility procedures and

program guidelines to any contract mediators or employees, as

well as training on the guidelines.

! A process for ensuring that mediated agreements comply with nondiscrimination laws.

In the case of employer-provided mediation programs, consider whether

the mediation program should be under the auspices of an independent office

which does not run the risk of perceptions of partiality or bias in favor of

management. Some employers have concluded that their in-house legal

department, human resources department, or equal employment

opportunity/civil rights department are not appropriate offices in which to

house the mediation program for this reason.
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Special Considerations for Mediators

20. What basic things should a mediator keep in mind for a case that

involves a disability law issue, or where a mediation participant has a

disability?

! Familiarize yourself with the up-to-date ADA or Rehabilitation Act

requirements that apply to the case, relevant current case law

developments, and available government and community resources

to help meet the accessibility and other accommodation needs of

the parties. A checklist of legal issues frequently arising in an

EEO case raising a denial of reasonable accommodation is

attached at Appendix D. A list of selected reference materials

addressing ADA and mediation is attached at Appendix E.

 ! If a party asks for an accommodation you don’t know how to

provide or about which you need more information, you should

initiate a discussion with the party as part of the interactive

process. In other words, don’t pretend to know more than you do,

and establish open two-way lines of communication with the

parties about any disability-related needs.

! Manage your parties’ expectations. In order to avoid a party

misperceiving as advocacy your efforts to adapt the process to

disability needs, maintain a clear and distinct boundary between 

process changes intended to ensure accessibility versus the merits

of the claims under mediation.

21. What might a mediation provider do to explain the presence of an

interpreter, reader, or other non-party participant at the mediation?

The mediator may fully explain to all those present at the mediation what

the role of an interpreter, reader, or other non-party participant will be, where

he is present to assist an individual with disability-related needs. However, the

mediator should in all cases require all mediation participants, both parties and

non-parties, to sign a confidentiality agreement not to discuss what occurs

during the mediation with anyone outside the process.

22. What confidentiality obligations apply when a party discloses

information about a disability to the mediation provider?

Based on standard mediation practices, the mediator should treat

medical information about the participants confidentially, including the fact

that a participant has requested a reasonable accommodation for the
6

In employer-provided mediation, there is additionally an ADA obligation

requiring the employer and the mediator to keep the employee’s medical

information confidential. This obligation applies to the employer when it

conducts the mediation in-house, as well as to any mediation provider retained

by the employer that is acting as the employer’s agent.

7

See, e.g., EEOC Alternative Dispute Resolution Policy Statement (July 17,

1995) (available at http://www.eeoc.gov/policy/docs/adrstatement.html);

Questions and Answers About Mediation (explaining EEOC’s Mediation Program

for charges pending before EEOC) (available at

http://www.eeoc.gov/mediate/mediation_qa.html). Threats of physical harm

present an exception to the confidentiality rule, and can be disclosed. 

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mediation, the fact that a participant has a disability, and the extent of a

known disability.6 The mediator can address disability-related needs without

identifying them as such. For example, if a party has requested a break to take

medication at a certain time, the mediator can call a “stretch” break for all

participants. Under the rules governing most mediation programs, all

participants to a mediation, including the parties, their respective

representatives, and the mediator, must keep all mediation communications

confidential.7 The mediation provider will typically require that everyone in the

mediation sign a confidentiality agreement, and also will direct the participants

that after the mediation, they should destroy any notes they took during the

mediation.

23. How can mediators ensure the integrity of mediation agreements

reached in ADA/Rehabilitation Act cases?

Mediation providers should advise the parties to a mediation following

execution of a mediated agreement that they may contact the mediation

provider if either party fails to comply with responsibilities under the

agreement. Some employer mediation programs allow a party a specified

period of time to initiate a complaint process regarding any alleged breach of a

settlement agreement. Mediation providers can also establish a procedure for

formally following up with the parties at a date specified in the mediated

agreement, to help ensure the durability of the agreement and to provide the

parties with an opportunity to seek the mediator’s assistance if the agreement

has not been implemented. 

Mediator Training and Skills Development

Although the ADA and the Rehabilitation Act do not specifically require

any type of training for mediators regarding disability law, training is the best

way for mediators to ensure compliance with their legal and ethical obligations. 
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Novice and experienced mediators alike have found ADA-specific mediation

training extremely helpful in preparing them to be sensitive and responsive to

the accessibility needs of mediation participants. The following questions

address frequently-raised concerns regarding ADA training for mediators.

24. Is training in mediating disability-related cases a standard part of all

mediation training?

Typically not. However, training in the basics of disability law, disability

awareness generally, and the legal and ethical obligations to make the

mediation process accessible is a best practice for developing the knowledge

and skills necessary to mediate both disability-related cases and other types of

cases as well.

 Practice Tip: Mediation program directors can use

questionnaires to inventory their roster mediators’

professional training, experience, and interests, to develop

and maintain a skills matrix that facilitates matching

mediators’ skills to particular disability cases. 

 Practice Tip: Mediation program directors can develop a

process for supervising and supporting their mediators who

are new to ADA/Rehabilitation Act cases, and for providing

them with constructive feedback/evaluation.

25. Do mediators need any special training to mediate cases involving

persons with disabilities?

There are different views among mediators about this issue. However,

many experienced ADA mediation providers generally recommend training

addressing these topics:

! ADA requirements for accessibility and reasonable accommodation;

! How to apply ethical standards and modify mediation procedures

to meet the needs of the parties (ways to level the playing field

between the parties, how to interact with parties about their needs

for changes in the mediation process, and recommended practices

to enhance each party’s participation throughout the mediation);

! How to facilitate mediation by adapting the process to

accommodate the individual limitations and abilities of the parties;

and,
19

! How to access government and community resources that can help

accommodate the needs of parties with various kinds of

disabilities.

26. What types of basic ADA/Rehabilitation Act training are generally

useful to all mediation providers, regardless of the types of cases

they handle?

Mediators working with all types of cases can benefit from training that

includes an overview of accessibility requirements under ADA/Rehabilitation

Act and mediator ethics, as well as disability awareness exercises (etiquette,

communications, bias, accessibility, resources, practical application, interaction

with people with different disabilities on common dispute issues, mediation

access, and process adaptations). This will help mediators respond to

accessibility needs of mediation participants.

 Practice Tip: Equip all mediators with educational materials

about the ADA and a list of informational resources. Some

of these same materials could be made available to the

parties before the first mediation session when the case

being mediated involves an ADA dispute. 

27. What could be included in specialized training for mediators who are

handling ADA/Rehabilitation Act cases? 

! Mock mediation (by trainers or experienced mediators) that

demonstrates how information-gathering should occur in the

convening phase and during mediation, followed by debriefing

(feedback to mediator and discussion of issues).

! Legal updates and case studies presented by a legal expert,

including coverage of statutes, regulations, and interpretive

guidance from federal enforcement agencies.

! Role playing for mediation trainees on how to engage in the

interactive process with a party who has a disability to determine

necessary process modifications, or on assessing a party’s capacity

to participate in mediation.

! Helpful strategies for facilitating effective participation for parties

with mental disabilities.

! Roundtable discussion in which people with disabilities share their

perspectives/experiences with mediation.
20

! Training on alternative settlement options where return to work is

not feasible (e.g., financial remedies, social security disability

income, vocational rehabilitation, etc.).

28. After initial training, how can mediators continue improving their

skills for mediation of disability-related disputes?

! Participate in supervised clinical hours that involve being observed

and critiqued by experienced mediators in performing a mediation

from intake through final agreement.

! Remain current with EEOC and DOJ policy guidance and technical

assistance documents posted on http://www.eeoc.gov and

http://www.ada.gov, as well as literature posted on other disabilityrelated websites.

! Engage in peer exchanges with fellow mediators experienced in

mediating disability cases, including mediators with disabilities.

! Make contacts with local disability organizations and participate in

their activities.

29. What steps can a mediation organization or employer with a roster of

mediators take to provide helpful skills development and continuing

education? 

! Designate a qualified internal person or office to serve as an expert

resource for your mediators on accessibility and accommodation

issues that arise in their mediations. Publicize this resource to

your mediators and mediation participants to help identify options

for resolving access problems and to assist if problems arise in

implementing an agreement. 

! Develop a centralized mechanism for funding accommodations,

and if you have a funding source (e.g., some federal government

agencies contract with the Department of Defense Computer/

Electronic Accommodations Program (CAP)), publicize to your

mediators the existence of this resource and the procedure for

accessing it.

! Provide a range of continuing education opportunities for

beginning, intermediate and advanced level mediators, and provide
21

training by experts in disability mediation for roster mediators who

lack experience.

! Provide regularly updated educational materials for mediators on

disability law developments.

! Provide a mentoring/apprenticeship program to partner less

experienced mediators on your roster with more experienced ADA

mediators for informal guidance.

30. How can a mediation provider obtain neutral experts or other

objective information about disabilities and workplace

accommodations to share with the parties at little or no cost?

! Contact your regional Disability and Business Technical Assistance

Center (DBTAC); the U.S. Department of Labor’s Job

Accommodation Network (JAN); federal, state, or local public

agencies (e.g., vocational rehabilitation); and non-profit

organizations with technical expertise related to the

accommodation issues in the dispute.

! Consult public agency websites (e.g., http://www.eeoc.gov and

http://www.ada.gov) for objective information regarding rights and

responsibilities related to disability accessibility.

! Consult disability organizations (e.g., the Epilepsy Foundation,

American Lung Association, United Cerebral Palsy, etc.) for relevant

information on the accessibility issues presented in a particular

case. 

! Request generic medical information from a health care provider

about the nature of a particular physical or mental impairment.

31. Do mediation programs have to make their training accessible to

people with disabilities?

Private or government employer-sponsored mediation programs that

train employees as mediators must, absent significant difficulty or expense,

accommodate otherwise qualified employees who are individuals with

disabilities and seek to participate in the mediation training. Similarly, nonemployer-sponsored mediation services that train members of the public as

mediators or that provide training for current mediators must provide

accommodation for otherwise qualified mediators with disabilities who seek to
22

participate in the training absent significant difficulty or expense or a

fundamental alteration of the program.

32. I am a person with a disability and I am interested in becoming a

mediator. What should I do to ensure that the training is accessible?

Prior to the training, you should contact the training provider to ask what

will take place and to advise the provider of your accessibility needs. Discuss

accessibility options with the provider, and negotiate to identify the options

that will make the training accessible to you without posing significant

difficulty or expense for the provider. If you need the provider to obtain

certain auxiliary aids or services, offer any suggestions or contact information

you may have that could assist the provider in making these arrangements.
23

Appendix A - Commonly Requested Accommodations Relating to Mediation

The following are examples of some types of requests for disability

accommodation relating to mediation, the possible barriers that might trigger

the need for a person to make the request, and the possible actions by a

mediation provider or trainer that might remove the barrier. The facts and

circumstances of each particular case should be considered to determine,

through the interactive process with the party, whether one of the possible

solutions provided here, or another solution, will be appropriate to remove the

barrier to mediation participation.

Request Some Possible Barriers Some Possible

Solutions

Transportation-related

issues.

• No accessible

transportation

available.

• Available

transportation is

unreliable, hours

of operation do

not coincide with

meeting times,

has reservation

restrictions that

prevent party

from reserving it

when needed for

mediation.

• Party unable to

use available

transportation.

• Private accessible

transportation is

cost prohibitive

for party.

 

• Change mediation

location to site to

which party can

travel.

• Hold session by

telephone

conference call.
Request Some Possible Barriers Some Possible

Solutions

24

Accessible parking. • No designated

and/or van

accessible parking

spaces near

mediation site.

• Non-accessible

parking is

available for free,

but accessible

parking is only

available in paid

parking lot.

• Available

accessible parking

is on steep slope,

far from building,

or is in some

other way

inaccessible to

the party.

• Create a

temporary

accessible parking

space

• Offer to meet

party at drop-off

point and “valet

park” car for her,

and retrieve car at

end of meeting.

• Reimburse party

for parking lot or

garage fee

incurred to obtain

accessible parking

space, if nonaccessible parking

is available at no

cost to the other

mediation

participants

• Select a different

meeting site that

is accessible.

Accessible route to

meeting room.

• Route from arrival

to meeting room

has curb, elevated

threshold, toosteep ramp,

stairs, or slippery

surfaces.

• Install temporary

or permanent

ramp(s), curb

cuts, or stair lift;

remove cause of

slippery surfaces

and apply non-slip

covering.

• Identify

alternative

accessible route.

• Select a different

meeting site that

is accessible.
Request Some Possible Barriers Some Possible

Solutions

25

Assistance with opening

doors.

• Door too heavy to

push or pull.

• Opening

mechanism

difficult to locate

or operate.

• Automatic

opening

mechanism not

working.

• Unsafe/unable to

use revolving

door.

• Space on user

side of door too

small to

accommodate

person during

opening process.

• Doors along

accessible route

are locked.

• Identify

alternative

accessible route

that avoids the

doors that are

causing the

barrier.

• Escort the person

on arrival and

exit, opening

doors for him.

• Select an

alternative site

that is accessible.

Assistance with locating

or operating elevator.

• Can’t locate,

reach, or push

buttons.

• Elevator too

small, or not

working.

• Unable to

cognitively

process

information to

operate elevator.

• Escort the person

on arrival and

exit, operating

the elevator for

him.

• Change meeting

place to room

that is accessible

without use of

elevator.

• Select an

alternative

meeting site that

is accessible.
Request Some Possible Barriers Some Possible

Solutions

8NOTE: It is important to discuss with the party requesting

accommodation exactly what type of interpretation services are needed. There

are different types of interpretive services available and different types of sign

language. The interpreter selected should be qualified to provide the type of

interpretation that the party needs. For example, a person who uses finger

spelling rather than American Sign Language requires a sign language

interpreter who will interpret with finger spelling. Similarly, a person who is

deaf and blind might need an interpreter who can translate manually

(communicates tactilely into party’s hand). It is also important to make sure

that the interpreter you use is familiar with how to interpret the terminology

used in the mediation process.

26

Assistance with verbal

communication.

• Limitations in

speaking,

hearing, or

comprehending.

• Difficulty

identifying who is

speaking.

• Difficulty

following or

understanding

complex

sentences or long

speeches.

• Communicate in

writing (TDD, fax,

e-mail, CART,

written or typed

documents/notes,

captioning).

• Speak clearly, face

the party, make

sure the party can

see your lips when

speaking.

• Speaking louder

when requested

(NOTE: with

certain hearing

impairments, this

distorts rather

than amplifies the

sound)

• Have only one

person speak at a

time.

• Provide sign

language

interpreter

services.8
Request Some Possible Barriers Some Possible

Solutions

27

Assistance with verbal

communication. 

 (continued)

... e.g., “what I

understood you to say

was ...,” and repeat what

you thought the party

said.

• If complexity or

length of speech

is a problem, use

simple words and

concepts that the

party

understands.

• Periodically

confirm that the

person has

understood what

has been

communicated.

• Never assume

that the person

might not hear or

understand

statements you

intend only for

others.
Request Some Possible Barriers Some Possible

Solutions

28

Assistance with written

communication.

• Can’t see writing

due to vision or

mobility

impairment.

• Can’t understand

writing due to

cognitive

impairment, or

has not learned to

read written

language due to

disability.

• Unable to write

due to disability.

• Convert text to

large print,

Braille, or audio

tape.

• Read text to

party.

• Provide visual

interpreter

services/reader.

• Ensure party has

appropriate

method to

approve and sign

documents.

Specific times to meet

or specific break

periods due to

disability-related

fatigue, medical

treatment, medication,

etc.

• Mediation

schedule conflicts

with disabilityrelated schedule

that cannot be

changed.

• Mediation

schedule creates

fatigue or other

problem for

party’s health.

• Party unable to

maintain

concentration and

comprehension

for prolonged

periods of time.

• Find out what

days, times, and

schedule work

best for the party.

• Consider amount

of time it takes

for party to get

to/from

mediation site

when scheduling

mediation.

• Schedule

mediation

sessions and

meetings so that

they do not

conflict with the

party’s disabilityrelated needs.
Request Some Possible Barriers Some Possible

Solutions

29

Control of

environmental factors.

• Party’s sensitivity

to light, noise,

chemicals,

temperature or

other factors can

trigger adverse

reactions – such

as decreased

ability to hear or

concentrate,

trigger seizures

or migraines,

worsen overall

condition, or

cause allergic

reaction.

• Eliminate adverse

environmental

factors or reduce

to level which

eliminates the

barrier to

participation.

• If individual has

chemicalsensitivity,

provide mutually

agreeable

chemical-free

meeting site and

request that

participants avoid

use of scented

personal care

items.

• Select alternative

meeting site.

Permission for personal

assistant to accompany

throughout mediation

process.

• Party cannot

attend mediation

without assistant

to provide help.

• Opposing party

objects to

presence of

assistant because

mediation

confidential.

• Permit assistant

to be present if

necessary to

enable party to

participate.

• Explain to

assistant the

necessity for

confidentiality,

and obtain signed

confidentiality

agreement from

assistant.
Request Some Possible Barriers Some Possible

Solutions

30

Reminders about what

is being discussed, roles

of others who are

present, etc.

• Cognitive

impairment

causes confusion

or forgetfulness.

• Physical condition

prevents party

from full

advantages of all

sensory data to

simultaneously

track data and

remember details.

• Party unable to

take notes, is

unfamiliar with

language used

during mediation,

or does not

absorb all the

information.

• Regularly recap

proceedings.

• Regularly verify

the party’s

understanding

thus far.

• Provide party with

effective notes of

the meeting.

An accommodation that

cannot be provided

because it poses

significant difficulty or

expense or a

fundamental alteration

of the mediation

provider’s business.

• Party does not

understand legal

rights and

limitations for

accommodations. 

For example, the

party requests

mediator to

provide or

arrange for

personal care

needed by the

party when using 

the bathroom.

• Explain why the

requested

accommodation

cannot be

provided.

• Brainstorm with

the party to

determine if there

are any alternative

means for her to

obtain the

services or

assistance

needed.
31

Appendix B - Sample EEO Mediation Intake Form

This is a sample form that may be useful for mediation intake personnel to use or

customize for a particular mediation program. It is intended to prompt the intake

personnel to: (1) inquire whether any accommodations may be needed for the

mediation process; (2) take appropriate action to respond to accommodation requests;

and, (3) provide any information regarding accommodation requests to the mediator

at the time the case is assigned by forwarding a copy of this form.

Case Number Date: 

1. Charging Party/complainant/employee contact information:

Name Work location/Branch 

Work telephone: Home telephone: E-mail: 

2. Currently assisted in process by:

Name Role: (attorney, union rep., 

advocate, other (specify))

Firm/Organization: Work telephone: 

E-mail: Will this person attend mediation? Yes No Unknown

3. Respondent/management official/agency representative contact

information:

Name Work location/Branch: 

Work telephone: E-mail: 

Circle one: management official agency representative 

other (specify) 

4. Accommodation requests for the mediation process (ask parties and

relay any requests promptly to mediator): 

Party requesting accommodation: 

Accommodation requested: 

 

5. Status of any accommodation requests for the mediation process

(Indicate what arrangements made by intake personnel, or whether

accommodation requests have been forwarded to mediator to process): 

 

 

 

(Continued on next page)
32

6. Mediator Information and Mediation Logistics

Primary Mediator: Co-mediator: 

Other Mediators: Role: Trainee Other 

Location of Mediation: 

Date of Mediation: Time of Mediation: 

Name of Location Contact Person: Telephone: 

E-mail: 
33

Appendix C - SELECTED RESOURCES

FEDERAL AGENCIES

U.S. Equal Employment Opportunity Commission (EEOC)

1-800-669-4000 (voice)

1-800-669-6820 (TTY)

http://www.eeoc.gov

EEOC Publications Center:

1-800-669-3362 (voice)

1-800-800-3302 (TTY)

EEOC private sector mediation programs:

http://www.eeoc.gov/mediate/index.html

The EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits

employment discrimination based on race, color, religion, sex, and national

origin; the Age Discrimination in Employment Act, which prohibits

discrimination against individuals 40 years of age or older; sections of the Civil

Rights Act of 1991; the Equal Pay Act; Title I of the Americans with Disabilities

Act, which prohibits discrimination against people with disabilities in the

private sector and state and local governments; and Section 501 of the

Rehabilitation Act of 1973, prohibiting disability discrimination in federal

government employment. In addition to mediation, investigation, and

litigation, EEOC provides extensive technical assistance to employers and

employees.

U.S. Department of Justice

Civil Rights Division

Disability Rights Section

ADA Information Line 

1-800-514-0301 (voice)

1-800-514-0383 (TTY)

http://www.ada.gov

The Department of Justice investigates and litigates claims under Titles II and

III of the ADA, and also litigates cases against public employers under Title I of

the ADA. The Department also provides education and technical assistance to

businesses, State and local governments, and individuals with rights or

responsibilities under the ADA through a variety of means to encourage

voluntary compliance. Activities include providing direct technical assistance

and guidance to the public through a toll-free ADA Information Line, an

internet ADA Home Page, and Fax on Demand, developing and disseminating
34

technical assistance materials to the public, undertaking outreach initiatives,

and coordinating ADA technical assistance government-wide. 

National Council on Disability

202-272-2004 (voice)

202-272-2074 (TTY)

http://www.ncd.gov

The National Council on Disability (NCD) is an independent federal agency

making recommendations to the President and Congress on issues affecting

Americans with disabilities. NCD's overall purpose is to promote policies,

programs, practices, and procedures that guarantee equal opportunity for all

individuals with disabilities, regardless of the nature or severity of the

disability; and to empower individuals with disabilities to achieve economic selfsufficiency, independent living, and inclusion and integration into all aspects of

society.

Access Board

1-800-USA-ABLE (V/TTY)

http://www.access-board.gov

The Access Board is an independent federal agency devoted to accessibility for

people with disabilities. Key responsibilities of the Board include: developing

and maintaining accessibility requirements for the built environment, transit

vehicles, telecommunications equipment, and for electronic and information

technology; providing technical assistance and training on these guidelines and

standards; and enforcing accessibility standards for federally-funded facilities.

OTHER RESOURCES

American Bar Association (ABA) Commission on Mental and Physical

Disability Law

(202) 662-1570

http://www.abanet.org/disability

ABA's Commission on Mental and Physical Disability focuses on the law-related

concerns of persons with mental and physical disabilities through a variety of

activities and publications. Its mission is "to promote the ABA's commitment

to justice and the rule of law for persons with mental, physical, and sensory

disabilities and their full and equal participation in the legal profession." The

Commission's members include lawyers and other professionals, many of whom

have disabilities. 
35

ADA Disability and Technical Assistance Center (DBTAC)

1-800-949-4232 (V/TTY)

http://www.adata.org

There are ten regional DBTAC centers throughout the United States that act as

a one-stop comprehensive resource on ADA issues in employment, public

services, public accommodations, and communications. Each DBTAC center

works closely with local business, disability, governmental, rehabilitation, and

other networks to provide ADA information and assistance. Programs vary in

each region, but all of the centers provide technical assistance, education and

training, materials, information and referrals, among other services.

Association for Conflict Resolution

1015 18th Street, N.W., Suite 1015

Washington, D.C. 20036

(202) 464-9700

http://www.acrnet.org

ACR is a membership organization that actively promotes professional

development for mediators, conciliators, fact finders, arbitrators, and other

neutrals. (The Society for Professionals in Dispute Resolution (SPIDR) merged

with the Academy of Family Mediators (AFM) and the Conflict Resolution

Education Network (CREnet) to form ACR in January 2001.

Job Accommodation Network (JAN)

1-800-526-7234 (V/TTY)

http://www.jan.wvu.edu

JAN is a free service of the Office of Disability Employment Policy of the U.S.

Department of Labor providing information and guidance on reasonable

accommodation in the workplace.
36

Appendix D - Checklist of Frequently-Raised Legal Issues in Workplace

Reasonable Accommodation Cases under the ADA

I. Does the individual have an impairment that meets the definition of 

“individual with a disability” under the ADA?

A. What is the physical or mental impairment?

B. Does the physical or mental impairment substantially limit one or

more major life activities, or does the individual have a record of

such an impairment, or is the individual regarded as having such

an impairment?

1. What major life activities are affected? (e.g., caring for

oneself, performing manual tasks, walking, seeing, hearing,

speaking, breathing, learning, working (impact on ability to

perform class of jobs or broad range of jobs in various

classes), sitting, standing, lifting, reaching, reproduction,

and processes such as thinking, concentrating, and

interacting with others)

2. Does the individual use mitigating measures (e.g.,

medication, insulin, prosthetic limb, hearing aid, etc.)

3. Do mitigating measures control the symptoms of the

impairment such that they are not substantially limiting? 

II. Is the individual qualified?

A. Can the individual perform the essential functions of the position

held or desired with or without accommodation?

B. If the individual cannot perform the essential functions of his

current position, has it been considered whether he could perform

the essential functions of an existing vacant position for which he

is qualified and to which he could be reassigned?

III. Accommodation

A. Did the individual request accommodation, or alternatively was the

need for accommodation obvious or already known?
37

B. Did the employer engage in an interactive process to clarify

individual needs and appropriate reasonable accommodation?

C. Is there an available reasonable accommodation? Some examples

include:

1. Job restructuring (reallocating or redistributing marginal job

functions or altering how or when essential or marginal

functions are performed)

2. Physical modifications to facilities (e.g., rearranging furniture

to create uncluttered path for an employee in a wheelchair or

a blind employee)

3. Use of accrued paid leave, or granting unpaid leave

4. Modified or part-time schedule

5. Modifying a workplace policy (e.g., permit eating or drinking

at workstation for diabetic, or modification of break schedule

to permit employee to take medication)

6. Telework where suited to the duties being performed.

7. Reassignment to a vacant position.

IV. Undue Hardship -- Would the proposed accommodation pose an undue

hardship on the employer, i.e., significant difficulty or expense?

V. Direct Threat

A. Is direct threat to safety (significant risk of substantial harm to

health or safety of self or others that cannot be eliminated or

reduced by reasonable accommodation) implicated by the

proposed accommodation solution? See 29 C.F.R. § 1630.2(r). 

C Determination that a direct threat exists must be based on

an individualized assessment of the applicant/employee’s

present ability to safely perform the essential functions of

the job, considering reasonable medical judgment relying on

the most current medical knowledge and/or the best

available objective evidence. Factors to be considered: (1) 

duration of the risk; (2) nature and severity of the potential
38

harm; (3) likelihood the potential harm will occur; (4) 

imminence of the potential harm. 

B. If there is a direct threat to safety, can the threat be reduced or

eliminated by an alternative or additional accommodation?
39

Appendix E - Selected References Regarding Mediation and ADA

Selected EEOC ADA Publications

EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship

Under the Americans With Disabilities Act (as revised, October 17, 2002)

http://www.eeoc.gov/policy/docs/accommodation.html

Questions and Answers About Persons with Intellectual Disabilities in the

Workplace and the Americans with Disabilities Act (October 20, 2004)

http://www.eeoc.gov/facts/intellectual_disabilities.html

Questions and Answers About Epilepsy in the Workplace and the Americans

with Disabilities Act (July 28, 2004)

http://www.eeoc.gov/facts/epilepsy.html

Questions and Answers About Diabetes in the Workplace and the Americans

with Disabilities Act (October 29, 2003)

http://www.eeoc.gov/facts/diabetes.html

EEOC Fact Sheet on Work At Home/Telework as a Reasonable Accommodation

(February 3, 2003) 

http://www.eeoc.gov/facts/telework.html

The Americans With Disabilities Act: A Primer for Small Business (August 15,

2002)

http://www.eeoc.gov/ada/adahandbook.html

Fact Sheet on the Family and Medical Leave Act, the Americans with Disabilities

Act, and Title VII of the Civil Rights Act of 1964 (July 6, 2000)

http://www.eeoc.gov/policy/docs/fmlaada.html

EEOC Enforcement Guidance on the Americans With Disabilities Act and

Psychiatric Disabilities (March 25, 1997) 

http://www.eeoc.gov/policy/docs/psych.html
40

Selected References on Mediation and ADA by other sources

Disclaimer: The views expressed in the reference materials included on this list

are those of the authors or issuing agencies, and not necessarily those of the

U.S. Equal Employment Opportunity Commission, the U.S. Department of

Justice, or the National Council on Disability.

“ADA Guidelines Raise the Ethics Bar,” Judy Cohen, Dispute Resolution

Magazine (Winter 2004).

ADA Mediation Guidelines (2000)

http://www.cojcr.org

Practice Standards for ADA Mediators, Center for Mediation, Key Bridge

Foundation, Washington, D.C. (1999)

http://www.keybridge.org/med_info/ada/ada_mediator_standards.htm

“Considerations for Mediating with People who are Culturally Deaf,” Annette

Leonard, Deb Duren, and John Reiman 

http://www.directionservice.org/cadre/deafpaper.cfm (October 16, 2003)

“Convening for Enhanced Self-Determination and Access to the Process,” Judith

Cohen, The Texas Mediator, Vol. 18, No.2 (Summer 2003)

http://www.mediate.com/articles/cohen6.cfm#

“Facilitation of ADA Reasonable Accommodation Disputes,” Sara Adler,

American Bar Association (1999)

http://www.bna.com/bnabooks/ababna/annual/99/annual27.pdf

“From Determining Capacity to Facilitating Competencies: A New Mediation

Framework,” Susan Crawford, Lewis Dabney, Judith Filner, and Peter Maida,

Conflict Resolution Quarterly 20:4 (2003)

“Guidelines for Voluntary Mediation Programs Instituted by Agencies Charged

with Enforcing Workplace Rights,” Peter S. Adler, Thomas A. Kochan, Gerald W.

Cormick (April 1998)

http://www.acrnet.org/pdfs/guidelines.pdf

“A Just Alternative or Just an Alternative? Mediation and the Americans with

Disabilities Act,” EEOC Commissioner Paul Steven Miller, 62 Ohio St. L.J. 11

(2001)

http://mediate.com/articles/miller1.cfm
41

“Making Mediation Sessions Accessible to People with Disabilities,” Judy Cohen,

SPIDR NEWS (Spring 1997)

http://www.mediate.com/articles/cohen.cfm

“Maximizing Effective Participation,” Patricia Porter, Alternatives to the High

Costs of Litigation, Vol. 21, No. 6 at 117 (June 2003)

http://www.cpradr.org

“Mediating Employment Disputes Under the Disabilities Act,” Samuel H.

DeShazer and Judy Cohen 

http://www.mediate.com/articles/cohenada.cfm

“Mediating Reasonable Accommodations for ADA Cases: What Every Mediator

Needs to Know,” Debra Dupree (March 2003)

http://www.mediate.com/articles/dupreeD.cfm

“Mediation Capacity: It is Not a Disability Issue,” Kathleen A. Blank, Alternatives

to the High Costs of Litigation, Vol. 21, No. 6 at117 (June 2003)

http://www.cpradr.org

“Practice Standards for ADA Mediators,” Key Bridge Foundation (1999) 

http://www.keybridge.org/med_info/ada/ada_mediator_standards.htm

“Sophisticated Awareness Is Necessary for Effective Disabilities Act Mediation,”

Judy Cohen Alternatives, Vol. 15 (April 1997)

http://www.mediate.com/articles/cohenawareness.cfm

“Tenets of Effective ADA Mediation,” Institute for ADA Mediation

http://www.mediate.com/articles/IforADA.cfm

“Unique Issues in Mediating ADA Disputes,” Judy Cohen, ADR Report, Vol. 3,

No. 2 at 5-8 (July 2000)

http://www.mediate.com/articles/cohenunique.cfm