Judith Cohen's summary of the Interim ADA Mediation Standards in the last issue of The Journal of Alternative Dispute Resolution in Employment acknowledges the "skyrocketing" number of cases mediated under the Americans With Disabilities Act (ADA). The United States Supreme Court's recent opinions in Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc., and Albertson, Inc. v. Kirkingberg surprised many in the disability community by explicitly excluding an individual from ADA coverage if she mitigates her mental or physical impairment and the impairment as mitigated no longer substantially limits a major life activity. Will the Supreme Court's narrowing interpretation of the definition of "disability" ground the "skyrockets," or, as I suggest below, will the number of mediations in ADA cases continue to soar?
ADA Mediation After Sutton, Murphy and Albertson, 1 Journal of Alternative Dispute Resolution in Employment 8
Available at: https://scholarship.law.missouri.edu/facpubs/881