Conflict Resolution for the 21st Century

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DISABILITY/ACCESS ­DISPUTES are ideal for mediation, given the key concept of flexibility that permeates the law. Employers are required to provide “reasonable” accommodations to enable employees to perform the “essential job functions” if doing so does not pose an “undue hardship.”

The demand for accessibility to public accommodations has increased lawsuit filings to gain compliance with the law. The cases are numerous, complex, and face uncertain outcomes in the courts. If making new law is not a litigator’s goal, and an effective and efficient resolution is, mediation is the answer. It behooves the practitioner to be guided through this highly technical and evolving area of the law by a conflict resolution professional who has practical as well as legal acumen in this area.

Our retired justices, judges, magistrates and attorney-mediators have expertise in resolving a range of disability/access issues, including:

Reasonable Accommodation                                            Technical Assistance for Individuals or Public/Private Entities

Reasonable Modifications in Policies, Practices           Complex, Multi-Party Mediations Involving Overlapping
and Procedures                                                                  Statutory Schemes  

Interactive Discussion, Essential Job Functions,          “Readily Achievable” Barrier Removal
Protected Individuals

Accessible Design Requirements                                    Overlapping Disability Statutes

Hon. Joyce Karlin Fahey

Hon. Margaret M. Grignon1

Hon. J. Gary Hastings1

Hon. Dion G. Morrow

Hon. Jack Newman

Max Factor III, Esq.

Cynthia Gitt, Esq.

Mitch Green, Esq.

Linda S. Klibanow, Esq.

Deborah Rothman, Esq.

Lawrence Teplin, Esq.

1 Retired Court of Appeal
4 Retired Federal Court

5 Available in Hawaii


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