Originially from: World Arbitration and Mediation Review (WAMR)

ADA MEDIATION GUIDELINES
[Reprinted with the permission of the Kukin Program for Conflict
Resolution, Benjamin N. Cardozo School of Law]
The online version of the ADA Mediation Guidelines, with hyper-links to
all cited references, is posted on the web site of the original publisher, the
Cardozo Online Journal of Conflict Resolution, at

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 U.S.C. 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 1998, 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