In enacting the ADA, Congress specifically encouraged the use of alternative means of dispute resolution, including mediation, to resolve ADA disputes. Therefore, the Department of Justice, through its technical assistance grant program, has established a program for mediation of ADA disputes. 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 individual parties and the mediator. 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.