A mediator helps parties negotiate over how the ADA will be implemented not whether it will be implemented. In general, the mediator is not to stand in the way of parties voluntarily coming to an agreement. A mediator's participation in a process that results in noncompliance with the ADA raises serious ethical issues for the mediator. Noncompliance can take the form of a respondent paying a party to resolve the complaint rather than eliminating discrimination. In such cases, mediators must recuse themselves from the mediation.
Mediators have an obligation to state unequivocally what a party can expect from mediation.
Mediation for many participants is a new experience. Misunderstanding about what is possible in mediation is problematic and often results in failure of the parties to reach a resolution of the complaint or dissatisfaction with mediation or the mediator. Mediation parties have a right to be fully informed as consumers about the process that they are going to use to resolve their disagreement. Mediators should clearly state, as many times as necessary, appropriate expectations for mediation. A mediator does not make decisions for the parties.