Americans with Disabilities Act Arbitration and Mediation Strategies

Found this article from the Georgia State Bar Association. http://sbog.informz.net/sbog/data/images/DRCurrents_SUMMER_14.pdf It is focused on the decision to use a mediator or arbitration when the claim is about ADA discrimination in the context of a job claim (Title III) ; it also speaks about requesting accommodations during the mediation and arbitration. 

Courtrooms, mediation and arbitration offices fall under Title II of the ADA.  Before you go to court, get an ADA Advocate …. Before you go to mediation or arbitration get your accommodations. 

It’s all about protecting your rights and making sure you have the time you need to make the right decision for you, your family and your life.

“When it comes to reasonable accommodations/modifications, creativity is the key and the key question is going to be what accommodation out there allows the person with a disability to reach the same starting line without it fundamentally altering the essential functions of the job, the nature of the program, the activity, or the nature of the business.”  Follows the same for the courtroom.

Donna Drumm completes Guardian Training

On Wed. July 21 Donna Drumm, Esq. attended the Westchester County Bar Association's 7 credit Continuing Legal Education training on: Article 81 Training for Guardians, Court Evaluators and Attorneys of alleged incapacitated persons. Upon approval of her application, Ms. Drumm will be able to be appointed as a legal guardian, court evaluator and engage in defense of alleged incapacitated persons.

This certification will expand the protection of people with invisible disabilities from being deemed incapacitated by the courts and the removal of fundamental rights to conduct their lives.

Welcome!

DRUMM Notes is the blog site for ADA Advocates.

Celebrate the 25th anniversary of the Americans with Disabilities Act! July 26, 2015

FAQs on the ADA click here to read more...

The ADA in a Nutshell:

Q: What is the Americans with Disabilities Act (ADA)?

A: The ADA is the first comprehensive civil rights law that protects people with disabilities from discrimination on the basis of disability. It was passed almost unanimously by Congress and signed into law by President George H.W. Bush on July 26, 1990. The ADA protects people with disabilities from discrimination in all aspects of employment, in access to public services such as transportation and state and local government programs and services, and access the goods and services provided by businesses such as restaurants, stores, hotels and other types of businesses such as law offices and medical facilities. (Source: ADA Network)

Q: Are courthouses covered under the ADA?
A: YES. The ADA consists of five sections or Titles. Title II covers all activities of state and local governments. Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities. (Source: ADA Network) Examples of these are courthouses (with more than 50 employees).

Q: I have an invisible disability, PTSD, can I request accomodations for my upcoming court appearance? A: YES. Under the ADA "Public entities are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, until doing so would fundamentally alter the nature of the service, program or activity provided."

Q: How do I qualify my disability?
A: The courts want to make sure that people who have disabilities are protected from discrimination. Accomodations for physical disabilities, like wheel chair ramps, and parking places designated for the handicapped are commonplace. The same law that required public entities to install these accomodations for persons with physcal disabilities apply to those with invisible disabilities. Your ADA Advocate can help identify your disability, assess if it is covered under the ADA and seek accomodations.

To learn more about the ADA, visit the ADA National Network
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