Process & Procedure

The ADA Interactive Reasonable Accommodation Process

The Americans With Disabilities Act (ADA) requires covered employers to grant reasonable accommodations to those otherwise qualified employees who are able to complete the essential functions of the job with or without reasonable accommodation. The employer may negate the duty by showing that the only possible reasonable accommodations impose an undue hardship on the employer.

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ABA Conference Sessions You Might Enjoy

I love the ABA Section of Dispute Resolution annual conferences. They always put on a wide array of wonderful sessions and it’s a great time to connect with friends, old and new. As in the past, I am listing some sessions that particularly intrigue me. 

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Don’t Take Special for Granted

My posts typically deal with insights I’ve gained in my career as a mediator. That said, mediation is what I do. It’s not who I am. I’m a son, a husband, a father, a grandfather, a friend, a lawyer, a partner, a Christian — and so many other things, in addition to being a mediator. In that regard, you’re the same as I am. The many different hats you wear in life contribute to who you are, and what’s genuinely important to you.

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Supreme Court Will Examine Difference Between “Arbitrability” and “Jurisdiction”

The Supreme Court has granted certiorari to review the decision of the 1st Circuit in Oliveira v. New Prime, Inc. (No. 15-2364, May 12, 2017).   One of the issues before the Court is particularly interesting:  Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.

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Creative Uses Of Mediation

Most of my readers are lawyers. Many of you are litigators — for whom mediation has become a preferred tool for resolving most of your cases. Typically, I’m assuming, you see mediation as a process where you can confidently come together with other parties involved in litigation, call a timeout, and determine if the parties can reach an agreement to resolve the case. This is how I’m asked to lead mediations about 95% of the time.

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When Is A Case Ripe For Mediation?

I would say all of those cases were ripe for mediation at the time I was asked to mediate them. How can that be? Simple. In each case, the attorneys/parties had the right information, and a strong enough desire to settle, in order to make good decisions. Could those cases, which were further into the judicial process, have been resolved sooner? Possibly. But in retrospect, I don’t think they were ready until we mediated them.

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