In fact, the first case that the EEOC brought to court and successfully prosecuted involved a top-level executive. As part of the request procedure, either party should be able to ask for mediation at any point. In a unionized work place, this may be facilitated by incorporating grievance mediation of ADA disputes into the collective bargaining agreement. Local government agencies can incorporate mediation into their internal procedures to handle EEO disputes. Mediators should have experience in the areas of ADA and disability access.
Many people feel uncomfortable dealing with people who have disabilities.
A mediator should set a correct tone by interacting appropriately and by using appropriate disability terminology. The mediator's approach and the resulting interpersonal dynamic should set a positive model for the parties to follow in subsequent dealings at the workplace. The employer may fear that a mediator with ADA expertise will not be neutral and will side with the individual who has a disability. But the point of using a mediator with ADA expertise is for the mediator to use his or her ability to analyze the ADA claim objectively. Such a mediator can be expected to be sensitive to the issues facing the person with a disability, and will not be likely to simply feel sorry for the disabled person and support the claim.