Resolving ADA Complaints Through Mediation: An Overview

U.S. Department of Justice
Civil Rights Division
Disability Rights Section

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ADA Mediation Program

Resolving ADA Complaints Through Mediation:

An Overview

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About Us

• The Department of Justice's Americans with Disabilities Act (ADA) Mediation Program (the Program) informally resolves ADA complaints, allowing parties – the person who filed the complaint and the business or local government named in the complaint – to develop mutually agreed upon solutions that comply with the ADA.

• Since its inception, the Program has mediated more than 4,000 complaints nationwide, with 78% of them resulting in successful resolutions.

• Using professional ADA-trained mediators throughout the United States, the Program provides a confidential, voluntary way to resolve ADA complaints fairly and quickly.

• The Program greatly expands the reach of the ADA and the speed with which alleged violations are resolved at minimum expense through a partnership between the Department of Justice and the mediation contractor, the Key Bridge Foundation.

Mediation and the ADA

• Mediation is a process that brings parties together with a neutral mediator to resolve their differences through discussion and problem-solving.

• Complaints under both title II (State and local government services) and title III (public accommodations) can be mediated.

• Disputes where potential remedies are flexible are most appropriate for mediation and include providing effective communication, eliminating architectural barriers, or eliminating discriminatory policies.

Why Consider Mediation?

Free

There is no cost to either party to participate in mediation. It is not necessary for parties to have a lawyer to participate in mediation.

Party-Driven

Mediation allows the parties, not a judge or the mediator, to control the outcomes of their dispute. Parties work together, and there is room to negotiate the terms of the agreement and the timeline for implementation. The matter is not closed until the parties verify that all of the terms of the agreement have been implemented. Either party can withdraw from mediation at any time.

Confidential

Conversations and materials produced during the mediation sessions are confidential.

Quick

Mediation is scheduled promptly as opposed to investigations or court cases which can take months or years.

Preserves Relationships

The cooperative, voluntary approach can preserve relationships between parties and produce win-win results.

Successful

The Program has successfully resolved thousands of ADA disputes resulting in increased access for people with disabilities and has saved businesses and State and local governments time and money.

More Information

For more information about the ADA Mediation Program, visit our website at: http://www.ada.gov/mediate.htm

For more information about the ADA, please visit our website or call our toll-free number.

ADA Website - www.ADA.gov

To receive e-mail notifications when new ADA information is available, visit the ADA Website and click on the link near the bottom of the right-hand column.

ADA Information Line

800-514-0301 (Voice) and 800-514-0383 (TTY) Call M-W, F 9:30 a.m. – 5:30 p.m.,Th 12:30 p.m. – 5:30 p.m. (Eastern Time) to speak with an ADA Specialist (calls are confidential) or call 24 hours a day to order publications by mail.

For people with disabilities, this publication is available in alternate formats.

Duplication of this document is encouraged.
January 2014