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. 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. Effective Disabilities Act Mediation by Judy 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. To Mediate by Jeff Kichaven, J.D. Plaintiffs and defendants alike benefit from the clear choices generated in the mediation of psychiatric disability claims. Mediation affords the unique opportunity to examine, in a cool-headed environment, how the situation must look to each side and how it might look to an impartial observer such as a judge or jury. The empowered decision-making that flows from the mediation process may provide the best opportunity for closure that the legal system can provide. This paper addresses essential and recommended elements of mediation programs instituted by agencies charged with investigating and adjudicating statutory workplace claims.