Cardozo Journal of Conflict Resolution
Abstract
The purpose of this article is to describe the various issues – such as accessible process and informed consent – faced by a group of twelve mediators and how they resolved these issues. This group, known as the ADA Mediation Guidelines Work Group (“WG”), evolved from informal discussions regarding the lack of standards in ADA mediations and the need to address the quality of the process. The WG raised the following questions, among others, in its internal discussions: What constitutes effective ADA mediator training? Are ADA disputes issues of private concern between the parties, public policy concerns, or both? How can mediators resolve the tension between self-determination of the parties and a fair process, especially when one party is not represented? How does the mediator handle uninformed ADA mediation parties, when the mediator knows the legal and disability-related information that the parties are lacking?
Disciplines
Dispute Resolution and Arbitration | Law
Recommended Citation
Judith Cohen,
The ADA Mediation Guidelines: A Community Collaboration Moves the Field Forward,
2
Cardozo J. Conflict Resol.
(2001).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol2/iss2/1