Mediating employment disputes under the Disabilities Act

Article Abstract:

Title I of the Americans with Disabilities Act (ADA) requires the opening up of employment opportunities for the disabled, and the ADA also includes the legal and technical requirements imposing both restrictions and affirmative obligations on employers. Since the ADA requires a case-by-case analysis of each person's situation, whether it applies to a person depends on the disability's impact on the individual in question, and examples of others who were or were not qualified to perform these essential functions have no relevance. Undue burden for the employer is also a factor. ADA cases are well suited to facilitative mediation principles and techniques.

Employment, Disabled persons, Discrimination against disabled persons, Handicapped discrimination

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Mediating commercial disputes

Article Abstract:

Mediation can be effective in solving commercial disputes. Businesses involved in litigating commercial disputes may exhaust the business's assets in the litigation. Mediation provides a forum in which parties can exercise control over the solution and speak confidentially with the mediator. It is best used when parties decide early that there is a good chance of settlement, but mediation can be implemented at any time during litigation.

Planning, Commercial arbitration

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Mediating disputes between banks and small businesses

Article Abstract:

Mediation can be an effective means to resolve disputes between small businesses and banks. Loans to small businesses often involve special risks because small business equipment may have little resale value. Funds in dispute may be too small to merit expensive litigation. Canada's Office of the Superintendent of Financial Institutions has implemented a mediation program designed for small businesses.

Banking industry, Usage, Canada, Small business

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