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How Can ADA Mediation Help?

Published : 2010-06-04 - Updated : 2019-02-14
Author : Thomas C. Weiss - Contact: Disabled World

Synopsis: Real life examples of complaints that have been successfully mediated by the ADA.

Main Digest

The Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (Rehabilitation Act) make it unlawful to discriminate against a qualified individual with a disability.

The ADA Mediation Program is a Department-sponsored initiative intended to resolve ADA complaints in an efficient, voluntary manner. Mediation cases are initiated upon referral by the Department when both the complainant and the respondent agree to participate. The program uses professional mediators who are trained in the legal requirements of the ADA and has proven effective in resolving complaints at less cost and in less time than traditional investigations or litigation. Over 78% of all complaints mediated have been resolved successfully.

Many ADA disputes can be resolved through informal methods

In enacting the ADA, Congress specifically encouraged the use of alternative means of dispute resolution, including mediation, to resolve ADA disputes. Mediation is a process that brings parties together to resolve their differences through discussion and problem-solving. The goal is to achieve "win-win" solutions. It is not a compromise. The mediator is a "neutral" party who helps facilitate the dialog, but is not the final decision-maker, arbitrator, or judge.

Mediation is simply 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.

About the Author

Thomas C. Weiss attended college and university courses earning a Masters, Bachelors and two Associate degrees, as well as pursing Disability Studies. As a Nursing Assistant Thomas has assisted people from a variety of racial, religious, gender, class, and age groups by providing care for people with all forms of disabilities from Multiple Sclerosis to Parkinson's; para and quadriplegia to Spina Bifida.

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Cite Page: Journal: Disabled World. Language: English (U.S.). Author: Thomas C. Weiss. Electronic Publication Date: 2010-06-04 - Revised: 2019-02-14. Title: How Can ADA Mediation Help?, Source: <a href=https://www.disabled-world.com/disability/discrimination/ada/ada-mediation.php>How Can ADA Mediation Help?</a>. Retrieved 2021-06-20, from https://www.disabled-world.com/disability/discrimination/ada/ada-mediation.php - Reference: DW#520-13631.