The Outsiders: How the ADA Mediator Can Engage and Support ‘Other Participants’

Abstract

Last month, the authors examined bias and the need for mediators' essential mission to preserve the parties' self-determination in the face of capacity issues. They conclude their four-part series this month focusing on accommodations and support for parties that need it. The first three parts of the series can be found at “Biases, Accommodations, and the Process Details for Americans with Disabilities Act Mediation,” 41 Alternatives 55 (April 2023) (available at https://bit.ly/3A4LH4K); “Focusing on the Neutral's Role in Setting Up Americans with Disabilities Act Mediation,” 41 Alternatives 39 (March 2023) (available at https://bit.ly/3EEnWDj), and “ADA Mediation, Updated: Revisiting 30 Years of Disabilities Practice,” 41 Alternatives 19 (February 2023) (available at bit.ly/3jTICQE) (which includes a box on Methodology and a Mediation Capacity Resource List sidebar).