Role of the Parties in Mediating ADA Claims

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The Americans with Disability Act provides protections for disabled workers. This area is ripe for dispute when an employee feels mistreated or when not given an accommodation he or she requests. The mediation process can

Role of the Mediator

The mediator leads the mediation process. He or she may meet with one party at a time to understand his or her perspective. He or she is a neutral party in the process, but can help by lending a sympathetic ear and offering insight into how the claim may play out in front of a jury.

At the beginning of mediation, the mediator sets ground rules. He or she keeps the parties focused on achieving their interests. He or she also encourages the parties to be vested in the process and to try to think outside the box. The mediator helps the parties narrow on certain issues by finding points of agreement.

Role of the Participants

The participants are required to mediate in good faith. This means that they will strive to settle their claim if possible. However, the parties are free to accept or reject settlement offers as they develop throughout the course of mediation. Any agreement must be completely voluntarily entered into. The mediator will talk to each party and encourage them both to be candid about their positions and what they are hoping to get out of the mediation process.

The mediator may also ask the parties to brainstorm new ideas. He or she may tell the parties to throw out of every possibility that may help resolve their issue. This may include various types of accommodations that may help the disabled worker. The parties should not outright reject any options. One idea may spur another one into existence. The parties should have an open mind throughout the process.

Cannabis Legal Issues that May be Resolved through ADR

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Medical Marijuana Buds on Black BackgroundWith more states legally permitting marijuana for medical and recreational purposes, the legal arena is ripe with newly considered issues.  These legal matters may be based on outdated policies, the intersection between federal and state law and other novel concepts.  Mediation can allow parties to reach their own agreement and not have to rely on a court with rules that may lag behind reality or may be unpredictable when considering new legal topics.

Licensing of Dispensaries

Entrepreneurs, dispensaries and local governments may be in conflict regarding whether a dispensary can be incorporated into an existing zone.  The parties may come to an agreement regarding what type of requirements the dispensary must meet as well as what types of goods can be produced or sold to the public.

Marijuana Screening

Parties may disagree about whether to consider medical marijuana when completing drug screening.  This topic may arise in the probation, child dependency/neglect, employment or other areas.  Some groups may be convinced to terminate zero-tolerance policies that do not penalize individuals who use medical marijuana or recreational marijuana where legally permitted.  Complications may arise when employees use cannabis off the job site but test positive during a screening on the job.

ADA Considerations

Disabled employees have the right to a reasonable accommodation to help them complete their jobs so long as the accommodation does not cause an undue hardship on the employer.  Employers and employees may work together to determine what cannabis-related accommodations may be made.

Housing Matters

Parties may be in conflict regarding leases and rental properties concerning marijuana usage.  These leases may include language that prohibits any type of smoking, whether that is tobacco, marijuana or vaping.  Parties may be able to discuss making exceptions to these policies, especially if usage is for a medical purpose.

Mediation Process Involved in Agricultural Disputes

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Depositphotos_162344672_s-2015Mediation is becoming an increasingly common way to resolve a variety of legal disputes. More and more parties embroiled are turning away from the bitter, contentious and expensive litigation process and turning to the collaborative process of mediation. Participants in this process should have a strong understanding of this process before commencing with it.

Goals of Mediation

The mediation process is goal-oriented. It focuses on accomplishing the goals of the parties as defined by them. In agricultural disputes, this may include resolving boundary disputes, working out problems with vendors, securing new contracts, properly appraising equipment for lending purposes or moving forward with an existing relationship. Often, the parties do not understand what their real goals and motivation are. A skilled mediator can help uncover the hidden interests of the parties through using strong communication skills and active listing.

Benefits of Mediation

Agricultural mediation can help clarify relationships between the parties and assign specific responsibilities between the parties. It can also help them see disputes from a new perspective so that they can amicably resolve the matter without the intervention of the court. Because the parties are in control of whatever decisions they make, they are usually much more satisfied with the outcome than if they proceed to litigation or settle through their respective attorneys.

Confidentiality

Mediation is a confidential process. It is used to give the parties the opportunity to settle their claim. Anything discussed in mediation cannot later be repeated in court if the parties decide not to settle. The mediator cannot be called to testify about the content of what was discussed in court.

December 22, 2017

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