Department of Justice
ADA Mediation Program
Many Americans with Disabilities Act (ADA) disputes can be resolved successfully through informal methods. In addition, when it enacted the ADA, Congress specifically encouraged the use of alternative means of dispute resolution, including mediation, to resolve ADA disputes. Therefore, the Department of Justice has funded a program for mediation of ADA disputes through its technical assistance grant program.
Mediation is an informal process where an impartial third party helps disputing parties to find mutually satisfactory solutions to their differences. Mediation can resolve disputes quickly and satisfactorily, without the expense and delay of formal investigation and litigation.
Mediation proceedings are confidential and voluntary for all parties. Mediation typically involves one or more meetings between the disputing parties and the mediator. It may also involve one or more confidential sessions between one party and the mediator.
Mediation is neither therapy nor a "day in court." Rather, mediation should provide a safe environment for the parties to air their differences and reach a mutually agreeable resolution. Mediators are NOT judges. Their role is to manage the process through which parties resolve their conflict, not to decide how the conflict should be resolved. They do this by assuring the fairness of the mediation process, facilitating communication, and maintaining the balance of power between the parties.
Representation by an attorney is permitted, but not required, in mediation. While mediators may not give legal advice or interpret the law, they will refer parties to impartial outside experts within the disability and legal communities when questions or issues needing clarification arise.
A successful mediation results in a binding agreement between the parties. If mediation is unsuccessful and an agreement cannot be reached, parties may still pursue all legal remedies provided under the ADA, including private lawsuits.
Complaints under both title II (public entities) and title III (private entities) can be mediated. Disputes involving barrier removal or program accessibility, modification of policies, and effective communication are most appropriate for mediation.
The Department of Justice refers appropriate ADA disputes to mediators at no cost to the parties. The mediators in the program are professional mediators who have been trained in the legal requirements of the ADA by the Key Bridge Foundation. Many ADA disputes are quickly and effectively resolved through the Department's program. Examples of some successful resolutions are described in the Department's ADA Status Reports.
The attached mediator location list indicates the cities in which mediators currently participating in the Department's program are available. If you want to work with a mediator and the other party to resolve an ADA dispute through the Department's program, you must simply follow the usual procedure for filing a complaint with the Department and note on the complaint that you want to take your dispute to mediation. While we cannot guarantee that everyone who wants mediation will be able to participate in the program, the Department will make every effort to comply with requests for mediation.
LOCATION OF TRAINED MEDIATORS
Birmingham, Mobile, Montgomery
ALASKA
Anchorage
ARIZONA
Lake Havasu, Scottsdale, Tempe
ARKANSAS
Little Rock
CALIFORNIA
Altadena, Bakersfield, Berkeley, Canoga Park, Corte, Madera, El Cerrito, Encino, Goleta, Grass Valley, Hermosa Beach, Huntington Beach, Lafayette, Los Angeles, Mill Valley, North Hollywood, Oakland, Pacific Palisades, Rancho Palos Verdes, Riverside, Sacramento, San Diego, San Francisco, San Jose, Santa Monica, Sebastopol, Studio City, Torrance, Tarzana, Walnut Creek
COLORADO
Boulder, Colorado Springs, Denver, Grand Junction
CONNECTICUT
Greenwich, Ridgefield
DISTRICT OF COLUMBIA
FLORIDA
Bradenton, Fort Lauderdale, Miami, Miami Lakes, Melbourne, Orlando, Pembroke Pines, Sarasota, St. Petersburg, Stuart, Tampa, Temple, Terrace, West Palm Beach
GEORGIA
Atlanta, Athens, East Point, Stone Mountain, Tucker
IDAHO
Boise, Moscow
ILLINOIS
Arlington Heights, Bloomington, Carbondale, Chicago, Evergreen Park, Highland Park, Homewood, Oswego
INDIANA
Fort Wayne, Indianapolis, South Bend, Spencer
IOWA
Iowa City, West Des Moines
KANSAS
Kansas City, Lawrence, Manhattan, Olathe, Overland Park, Topeka, Wichita
KENTUCKY
Louisville
LOUISIANA
Alexandria, Baton Rouge, Broussard, Lafayette, Metairie, Shreveport
MAINE
Cumberland, Portland
MARYLAND
Annapolis, Bethesda, Chevy Chase, Kensington, Knoxville, Potomac, Rockville, Severna Park, Silver Spring, Tacoma Park
MASSACHUSETTS
Arlington, Salem, Wendell
MICHIGAN
Ann Arbor, Bloomfield Hills, Detroit, Hamtramck, Harperwoods, Petoskey
MINNESOTA
Apple Valley, Minneapolis, St. Paul
MISSOURI
Belton, Cape Girardeau, Independence, Kansas City, St. Louis
NEBRASKA
Lincoln, Omaha, South Sioux City
NEVADA
Henderson, Las Vegas
NEW HAMPSHIRE
Concord
NEW JERSEY
Montclair, Newark, Princeton, Ridgewood
NEW YORK
Clifton Park, Great Neck, Hastings on Hudson, Jamaica, New York City, Rego Park, Scarsdale, Syracuse
NORTH CAROLINA
Asheville, Cary, Chapel Hill, Goldsboro, Raleigh
OHIO
Akron, Canton, Cincinnati, Cleveland, Dayton, Medina, North Canton, Reynoldsburg, Toledo
OKLAHOMA
Norman
OREGON
Ashland, Corvallis, Portland, Salem, West Linn
PENNSYLVANIA
Bensalem, Harrisburg, Media, Philadelphia, Pittsburgh, West Lawn, Wynnewood
RHODE ISLAND
Bristol, Pawtucket
SOUTH CAROLINA
Columbia, Greenville, Irmo
SOUTH DAKOTA
Brandon, Sioux Falls
TENNESSEE
Chattanooga, Knoxville, Memphis
TEXAS
Abilene, Arlington, Colleyville, Corpus Christi, Dallas, Denton, Driftwood, Houston, Irving, Lubbock, Lucas, Plano, Richardson, Richmond, San Angelo, Southlake, Terrell
UTAH
Salt Lake City
VERMONT
Montpelier, Underhill Center
VIRGINIA
Alexandria, Arlington, Falls Church, Hampton, Marion, McLean, Powhatan, Virginia Beach
WASHINGTON
Seattle
WISCONSIN
Madison, Shorewood
Updated 5/27/97
Go to ADA Mediation Brochure