CADRE Resources
Introduction
The ADA Mediation Guidelines for mediation providers are the product of a national Work Group convened to develop mediation practice Guidelines unique to conflicts arising under the Americans with Disabilities Act (42 USC Sec.12101-12213) ("ADA") and similar laws promoting the eradication of discrimination against persons with disabilities.
The ADA Mediation Guidelines were developed between January 1998 and January 2000 by a Work Group comprised of 12 mediation practitioners, trainers and administrators. (See back page for the list of Work Group members.) The Guidelines address ADA mediation issues in the areas of Program & Case Administration, Process, Training, and Ethics. A Draft, and later, the Interim Standards, were widely distributed for public comment during the development period. The final Guidelines could not have been developed at all were it not for the tremendous collaboration and valuable comments contributed by many mediators, stakeholders and advocates. The Work Group expresses its appreciation to the many people who contributed to this effort.
The term "ADA mediation," as used in this document, applies to programs mediating claims arising under the Americans with Disabilities Act and other disability civil rights statutes, such as the Rehabilitation Act of 1973, the Fair Housing Amendments Act of 1988, and comparable state and local civil rights laws. The mediation of special education disputes raises issues that are not addressed here.
The Guidelines provide direction for mediators, administrators, funders and consumers of ADA mediation. They also provide direction for disability access in any type of mediation involving persons with disabilities, such as family, commercial or labor mediation. The Guidelines are available to be followed voluntarily by individual mediators and mediation provider organizations who wish to signal to potential parties and mediation participants their familiarity with disability issues and their commitment to high quality ADA mediation services.
In developing the Guidelines, the Work Group reviewed existing mediator codes of conduct and other relevant documents to ensure that the Guidelines were in keeping with already developed work in the field. The ADA Mediation Guidelines address only issues that are unique to resolving disability-related disputes. The Guidelines do not include basic mediation ethics, general principles of administering a mediation program or educational information about ADA regulations, compliance or disability access. Codes and resources that informed the development of the Guidelines are available to persons seeking additional information on integrating the Guidelines into mediation practice. [See "Resources" Appendix 1]. Illustrations of the practice implications of certain guidelines marked by an asterisk [*] appear in Appendix 2.
Public policy and legal issues often arise in ADA mediations. These Guidelines do not constitute legal advice. Persons interested in ADA mediation are encouraged to consult with attorneys and legal resources for substantive interpretation of the ADA and related disability civil rights statutes and regulations.
A copy of the Guidelines is at http://www.mediate.com/articles/adaltr.cfm
February 16, 2000
CONTENTS
Introduction
