Disability Mediation: an Overview
January 17, 2017
By Ryan Compton, Director, Centre for Resolution

Mediation of disability disputes is an increasingly common way of achieving swift consensus while avoiding lengthy and costly litigation. A trained, impartial mediator works with two parties to resolve any issues which have arisen between them.

Confidentiality and involvement

Dialogue is confidential, everyone is given equal time to present their point of view, and the mediator’s role is to facilitate open, honest discussion to effect an outcome satisfactory to both parties.

Mediation often mends broken relationships, whether in the workplace or between individuals and institutions.

Why disability mediation works

Effectively handled, disability mediation empowers both the party with the disability and the able-bodied party. The knowledge and understanding of disability held by the disability mediator facilitates everyone in achieving an informed, practical resolution. This is particularly the case when the mediator has personal experience of disability and its impacts. As a consequence they will understand the specific questions to ask, and how to ask them, to get the fullest understanding of any particular case.

Benefits of a mediator with experience of disability

Disability can often be an inflammatory topic of discussion and, however well-meaning, the expression of uninformed opinions or use of inappropriate terminology can lead to breakdowns in communication. A facilitator with experience of disability will be adept at providing both a legal and social context for these discussions, and have a thorough understanding of equality policy from all perspectives.

Just as importantly, they will have an understanding of many of the day to day practicalities of living with a disability. They will be able to elicit insights which a participant with a disability may not feel comfortable expressing independently, and which an able-bodied participant may not have considered. This allows for the very best kind of mediation: open, informed and focused discussion to find common ground and agreement.

For more information about Disability Mediation please visit www.centreforresolution.com/disability-mediation

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