Resolving ADA Complaints Through Mediation: An Overview
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 5,000 complaints nationwide, with more than 75% 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 (KBF).
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
To receive e-mail notifications when new ADA information is available, sign up here.
ADA Information Line
If you have questions, you may call the ADA Information Line. Accessibility specialists are available to answer your questions. All calls are confidential.
DOJ and its mediation partner do not provide legal advice to private parties. You should consult your own attorney to understand your rights and what remedies may be available to you.
Originally issued:
Last updated: