Another Alternative: The Use of Moderated Settlement Conferences to Resolove ADA Disputes Involving Persons with Mental Disabilities

Abstract

The Americans with Disabilities Act of 1990 (ADA) authorizes and encourages the use of alternative dispute resolution (ADR) procedures to resolve disputes arising under the Act. Consistent with that statutory guidance, there has been a spate of activity relating to the use and potential use of ADR to resolve ADA disputes on an informal basis.

In recent years, Texas ADR advocates have developed a type of ADR process, entitled a Moderated Settlement Conference (MSC), that could be very beneficial in certain types of ADA disputes. Because of the myths, stigma and ignorance often faced by persons with mental disabilities, the MSC may be particularly useful in resolving ADA disputes involving persons with mental disabilities. This paper examines the possibility of using the MSC as another alternative dispute resolution technique for disputes arising under the ADA.