Ethics-Governance: Article: Tenets of Effective ADA Mediation

Ethics & Governance - Resources and Articles

Articles indexes: a \| b \| c \| d \| e \| f \| g \| h \| i \| j \| k \| l \| m \| n \| o \| p \| q \| r \| s \| t \| u \| v \| w \| x \| y \| z \| other

Article - Abstract. To view full article click on the article title.
Tenets of Effective ADA Mediation Tenets of Effective 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. Your selected article and the entire Mediate.com Library are yours for free. First we need a small amount of information to best serve you: I am: a member of the public a mediator (including attorney-mediator) an attorney other dispute resolution professional My area code is: or no area code (International) Thanks for the opportunity to serve you. Privacy Why we ask 1. Mediation is the form of alternative dispute resolution most consistent with the intent and spirit of the Americans with Disabilities Act. The Federal statute explicitly encourages voluntary methods of alternative dispute resolution. Mediation permits the parties the greatest degree of control over the outcome and the process conforms to the case-by-case analysis and reasonable accommodation concepts of the ADA. A frequent source of conflict is the breakdown of the interactive process between the individual and the employer to determine a reasonable accommodation. Mediation may be an effective tool to reestablish and monitor the process, ensuring that both parties have equal voice in working out a solution. 2. The mediator must have knowledge of the Americans with Disabilities Act of 1990 and related laws. The Americans with Disabilities Act of 1990 is comprehensive civil rights legislation that prohibits discrimination on the basis of disability. It establishes some very clear principles that must be understood when an employment conflict arises. It contains multiple provisions regarding coverage and exemptions. In the employment arena, it is also advisable that the mediator understand what entities are covered by the Rehabilitation Act of 1973, and how the ADA interfaces with other workplace laws, such as the Family & Medical Leave Act and state workers' compensation statutes. Full Article: http://www.mediate.com/articles/IforADA.cfm


2006 Ethics-Governance.com