Questions commonly asked about the US DOJ ADA Mediation Program
Q. Will the mediator make a decision about whether the respondent has violated the ADA?
A. The mediator will not make a judgment about whether a violation of the ADA has occurred.
Q. Will the mediator decide how the dispute will be resolved?
A. No. The mediator will not make any decisions about how the parties will resolve their conflict.
The mediator will assist the parties in creating an agreement.
Q. What is the success rate of the ADA Mediation Program?
A. Approximately 83% of all mediated cases result in a successful resolution.
Q. About how long will it take for a case to be mediated?
A. Many mediations are short, approximately 2-3 hours. Some complex cases may take
more time or more than one mediation session.
Q. Will the mediator act as an advocate for me?
A. No. The mediator will take an impartial role in assisting both parties to reach a resolution.
A respondent or complainant may bring an attorney or advocate with them to the mediation.
A complainant may choose to seek an advocate through a local ADA rights organization such
as their local Center for Independent Living. (For additional information in this regard see our
Web Related Resources.)
Q. Who will provide legal expertise and advice?
A. You may contact an attorney prior to the mediation session for advice about your legal rights.
You may bring your attorney with you to the mediation session. The mediator will NOT provide
legal advice at any time, but the mediator may provide legal information such as copies of the sections
of the ADA that are relevant to a particular case. An outside impartial ADA expert and/or attorney
may be brought into the mediation session.
Q. If the mediation does not result in agreement and I go to court may I subpoena the mediator?
A. No. Parties must agree to confidentiality in order for a mediation session to take place. The
parties must agree not to subpoena the mediator if the matter goes to court.
Q. What if one party refuses to participate in mediation?
A. Mediation is a voluntary process. A party (complainant or respondent) cannot be forced to participate
in a mediation session.
Q. What resources are available to find out more about the ADA and its legal requirements?
A. Information regarding the requirements of the ADA may be obtained by contacting us