|
Department of
Justice
ADA Mediation Program
In 1994, the Department of Justice
established the ADA Mediation Program. Initially funded
through the ADA Technical Assistance Program, the
Mediation Program now operates under a contract with the
Key Bridge Foundation.
Many ADA disputes can be resolved
successfully through informal methods.In enacting the ADA,
Congress specifically encouraged the use of alternative
means of dispute resolution, including mediation, to
resolve ADA disputes.
What is
mediation?
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.
Mediation is neither therapy nor a "day in court."
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.
Representation by an attorney is permitted, but not
required, in mediation. While mediators may not give
legal advice or interpret the law, they will refer
parties to impartial outside experts within the
disability and legal communities when questions or
issues needing clarification arise.
A successful mediation results in a binding agreement
between the parties. If mediation is unsuccessful and an
agreement can not be reached, parties may still pursue
all legal remedies provided under the ADA, including
private lawsuits.
Complaints under both title II
(public entities) and title III (private entities) can be
mediated. Disputes involving barrier removal or program
accessibility, modification of policies, and effective
communication are most appropriate for mediation.
Through its program, the Department refers appropriate ADA
disputes to mediators at no cost to the parties. The
mediators in the Department of Justice program are
professional mediators who have been trained in the legal
requirements of the ADA by the Key Bridge Foundation. The
Department's program has already resolved many ADA
disputes quickly and effectively.
Examples of some successful resolutions are described
below. Additional examples of successfully resolved
disputes are described in the Department's quarterly ADA
Status Reports.
If you want to work with a mediator and the other party to
resolve an ADA dispute through the Department's program,
you must simply follow the usual procedure for filing a
complaint (title
II, title
III) with the Department and note on the complaint
that you want to take your dispute to mediation. While we
cannot guarantee that everyone who wants mediation will be
able to participate in the program, the Department will
make every effort to comply with requests for mediation.
Selected Mediation Case Summaries
Barrier
Removal
1. A Michigan bowling center agreed
to install a platform and ramp to one of its bowling lanes
within one month. The center also renovated its entire
second floor to make it accessible and added accessible
parking spaces.
2. An Ohio shopping mall and movie theater agreed to make
renovations to provide accessible restrooms, parking, and
movie theaters within three months. Three of the five
movie theaters will be made accessible and movies will be
rotated between theaters so all movies will be shown in
the accessible theaters. In addition, the theater will
provide accessibility symbols in its advertisements to
show which movies are in the accessible theaters.
3. An Ohio hotel agreed to remodel its lobby restrooms to
be accessible to persons with disabilities, increase the
number of accessible parking spaces near the hotel pool,
research the cost of installing accessible restrooms by
the pool, and train personnel about how better to respond
to the needs of persons with disabilities. The hotel also
apologized to the complainant and her family and provided
a free weekend package for them at the hotel.
4. A restaurant in Texas agreed to provide directional
signage at an inaccessible restroom to indicate the
location of the accessible restroom, write a letter of
apology, and provide $2,000 in compensation to the
complainant.
5. A country club in Florida will remodel its facilities
to provide accessible restrooms, train personnel about the
ADA, and pay the complainants $1000.
6. A Missouri college agreed to develop a plan to provide
access to a historical building, including installation of
a ramp. Until these changes are implemented, the college
agreed to provide assistance for individuals in entering
the building and to make a video describing the historical
information about the building available for individuals
who prefer that format. The college also agreed to install
a ramp to provide access to the bleachers in its sports
facility, to provide van accessible parking spaces with
appropriate signage, and to train personnel to assist
individuals with disabilities.
7. A wheelchair user complained that an Ohio restaurant
did not have an accessible smoking section. The restaurant
manager agreed to create another smoking section that is
accessible to people with disabilities and to instruct the
staff about this new section. The manager agreed to
consult with the complainant about making the bar
accessible. The manager also agreed to make the
modifications necessary for a van accessible parking
space.
8. In Virginia, a wheelchair user complained that a
condominium sales office did not have an accessible
entrance. The condominium builder agreed to renovate the
sales office entrance to make it accessible. The builder
agreed to display a sign stating the policies they have
created to comply with the ADA. The policies include
providing auxiliary aids and services upon request as
needed to ensure effective communication, making
informational videos available upon request, and providing
a method of requesting any other accommodation that a
person with a disability may require. The builder agreed
to donate $2,500 to a disability rights organization and
to pay the complainant $1,000.
9. In Pennsylvania, a person with a mobility impairment
complained that a professional building did not have an
accessible entrance or accessible parking. The building
owner agreed to install a ramp and build a walkway at the
front entrance to make it accessible for people with
disabilities and to create an accessible parking space
near the ramp. The owner also agreed that the complainant,
who cannot stand for long periods of time, could call the
manager or one of the tenant's of the building to have a
chair placed in the building's lobby when needed.
Effective Communication
1. A Maryland doctor who had refused
to pay for a qualified sign language interpreter for a
patient's office visit agreed to institute a policy for
hiring interpreters and notifying deaf patients that sign
language interpretation will be provided on request at no
cost to deaf patients. The doctor also agreed to train
office staff about effective communication with patients
with hearing impairments and to pay the complainant $300.
2. In New York a person who represents people who are deaf
or hard of hearing complained that a doctor refused to
hire qualified sign language interpreters for patients
with hearing impairments. The doctor agreed to provide a
qualified sign language interpreter for a patient's office
visit when a request is made at least one week in advance.
The doctor agreed that the request may be made by the
patient's representative, or via a telephone relay
communication, or by any other means chosen by the
patient. The doctor also agreed to educate his office
staff regarding this policy and the ADA.
3. A person with a visual impairment complained that a
Massachusetts educational institute did not provide
information about course offerings in alternative formats
and did not make reasonable modifications in their
procedures and practices to enable people with
disabilities to take the courses. In addition, the person
complained that the institute had a safety policy that
excluded people with disabilities based on broad
generalizations instead of actual risks. The institute
agreed to make information about registration times and
course offerings available on audio tape on a telephone
information service used by people with disabilities. The
information will also be available for distribution on
audio tape and in large print if requested. The institute
agreed to modify its admission policy and make
determinations on a case-by-case basis as to whether a
particular individual with a disability is able to
function adequately and safely in a class. The institute
agreed to make every effort to assist a person with a
disability to attend the class of his/her choice.
Technical assistance will be requested from various
disability organizations so that all available information
may be considered in order to assist a person with a
disability to participate in a class in the most effective
way.
4. A person with a hearing disability complained that a
Michigan court failed to provide a qualified sign language
interpreter during crucial proceedings. In mediation, the
court agreed to provide a qualified sign language
interpreter for the complainant if she or her attorney
requests one at least three working days in advance of the
date of the proceeding. The court agreed to engage in a
process of self-evaluation to determine its level of
compliance with all the other provisions of the ADA.
5. A deaf individual complained that a Maryland doctor
refused to pay for a qualified sign language interpreter
for the complainant's office visits. The doctor agreed to
pay the outstanding bill for interpreter services. The
doctor agreed to change the office policy and establish a
protocol for addressing the needs of people with
disabilities. Specifically, a list of qualified sign
language interpreters will be maintained by the office
staff, potential patients who are deaf will be notified
that qualified sign language interpreters will be provided
free-of-charge for office visits, if requested in advance,
and a sign stating this policy will be displayed in the
office. The doctor agreed to have the staff educated
regarding the ADA. The doctor also agreed to write an
article for publication in a newsletter addressing the
obligations of doctors under the ADA. Finally, the doctor
agreed to arrange for an advocate of the ADA to speak at a
gathering of physicians.
6. In California, a person who is deaf complained that an
attorney refused to pay for a qualified sign language
interpreter for the complainant's office visit. The
attorney established a policy for providing effective
communication for clients in the future. The attorney
agreed to reimburse the complainant for the fee paid to
the interpreter and to issue the complainant a refund
check for his fee.
Policies and Procedures
1. In suburban Maryland, a
wheelchair user complained that a restaurant refused to
allow her mobility assistance dog to enter. The restaurant
owner apologized and agreed to educate himself and his
staff about the ADA. He agreed to contact other
professionals in his field, as well as a restaurant trade
organization, to inform them of his experience and educate
them about the ADA. He agreed to make a donation to a
charitable organization for service animals.
2. A private Virginia preschool agreed to hire a
specialist to educate staff about behavior modification
techniques to be used with children with behavioral
disabilities and to have an ADA specialist educate staff
about the requirements of the ADA. The preschool also
agreed to formulate a new policy to address problems
identified by parents of children with disabilities and to
make a $150 donation every year for five years to an
advocacy training center for parents of children with
disabilities.
3. A New York dance club agreed to institute a policy to
accommodate people with disabilities when they call to
make arrangements to attend functions and to review all
future contracts with performers to ensure that performers
do not interfere with accessibility. The club also agreed
to identify barriers and remove them if readily
achievable, to provide four complimentary tickets to the
complainant for any performance the complainant chooses
and to make a substantial compensatory payment to the
complainant.
4. A sports arena in California agreed to change its
ticketing policy to make tickets for wheelchair-accessible
seats available for all events through box office and
telephone sales without the necessity of providing a
"plaque" as proof of disability, allow companions to
accompany individuals who use wheelchairs, and allow
exchanges of inaccessible seats for accessible seats for
individuals who use wheelchairs. The arena announced the
changes in a press release.
5. A New Jersey professional school agreed to change its
policy barring the complainant from attending because she
has leukemia, to change its policy requiring the
complainant to sign a special release form, and to refrain
from disclosing the complainant's condition to other
students.
6. A New York restaurant that had refused to allow a
person with a hearing dog to enter agreed to post signs
notifying the public that service animals are permitted to
enter, train personnel regarding title III of the ADA,
write a letter of apology to the complainant, and pay the
complainant $200.
7. A person with a disability complained that a Maryland
beauty salon denied service to her because she used a
service animal. The owner agreed to notify each employee
in writing that the management supports the ADA. In
addition, the owner agreed to require employees to sign a
form stating that they had received and read the
Department's "Commonly Asked Questions About Service
Animals in Places of Business" and agree to abide by its
contents. Finally, the owner agreed to contribute $500 to
a charitable organization for service animals.
8. Two Florida wheelchair users complained that a
restaurant located in a shopping center refused to allow
them to enter or to provide them service because they used
wheelchairs. The owner agreed to welcome and serve both
complainants as patrons. The owner agreed to post a sign
in the front window of the restaurant stating a policy of
nondiscrimination against people with disabilities. The
owner agreed to educate all employees about the rights of
people with disabilities. The shopping center owner agreed
to provide space for a disability awareness event to be
held at the shopping center, cooperate with the
organization presenting the event, and contribute $250
towards publicity for the event. The restaurant owner
agreed to contribute some of the refreshments for the
event. Finally, the restaurant owner agreed to pay the
complainants $500 and the shopping center owner agreed to
pay $500 in attorney's fees.
9. In Pennsylvania a wheelchair user complained that a
restaurant seated him only after he agreed to move from
his wheelchair to a seat in a booth. The restaurant owner
apologized and agreed to instruct her staff on managing
the space in the restaurant so that it is accessible for
patrons with disabilities. |
