The Outsiders: How the ADA Mediator Can Engage and Support ‘Other Participants’

Abstract

Last month, the authors examined bias and the need for mediators' essential mission to preserve the parties' self‐determination in the face of capacity issues. They conclude their four‐part series this month focusing on accommodations and support for parties that need it. The first three parts of the series can be found at “Biases, Accommodations, and the Process Details for Americans with Disabilities Act Mediation,” 41 Alternatives 55 (April 2023) (available at https://bit.ly/3A4LH4K); “Focusing on the Neutral's Role in Setting Up Americans with Disabilities Act Mediation,” 41 Alternatives 39 (March 2023) (available at https://bit.ly/3EEnWDj), and “ADA Mediation, Updated: Revisiting 30 Years of Disabilities Practice,” 41 Alternatives 19 (February 2023) (available at bit.ly/3jTICQE) (which includes a box on Methodology and a Mediation Capacity Resource List sidebar).

Beyond crisis? Using rent theory to understand the restructuring of publicly funded seniors’ care in British Columbia, Canada

“…Community support workers, for example, experienced an immediate wage rollback in 2004, but there were also longer-term impacts. Agencies laid off regular full-time workers, sometimes rehiring them to the same role as casual workers with worse benefits and fewer hours, as casualization in the sector increased (Cohen et al., 2006: 40). Crucially, workers were dispossessed of hard-won collective rights and benefits, including union successorship rights (Longhurst et al., 2019: 109), pensions, and extended healthcare, while private for-profit operators like Retirement Concepts gained an increasing share of LTC contracts.…”

“…Eldercare in BC is a highly feminized, racialized sector: community support workers, residential care aides, and in-home caregivers are majority older women (over the age of 45), many of them first- and second-generation immigrants and former migrant workers (Cohen, 2012; Cohen et al., 2006). A high proportion of those requiring subsidized care in older age are also low-income women.…”