Q&A for Mediation Providers: Mediation and the ADA

May 10, 2005

SCOPE AND PURPOSE:

More than ever, employers and employees are turning to mediation and other forms of Alternative Dispute Resolution (ADR) to resolve equal employment opportunity (EEO) disputes. While the proliferation of public and private sector ADR programs has been a boon for employers and employees alike, many mediators have sought guidance on how to ensure that the mediation process is accessible to participants with disabilities. Mediators also have raised questions about special considerations that may arise when mediating employment cases alleging discrimination under the Americans with Disabilities Act (ADA) or the Rehabilitation Act of 1973 (Rehabilitation Act).

This technical assistance document prepared jointly by the National Council on Disability, U.S. Equal Employment Opportunity Commission, and U.S. Department of Justice addresses frequently asked questions regarding the ADA and mediation. It is intended for any mediation provider handling EEO disputes, whether affiliated with an employer-provided, organizational, or solo practice mediation service in either the public or private sector. The topics addressed include how to provide access to mediation for participants with disabilities, what types of accommodation may be required, how to handle associated costs, and suggested ADA training of mediators.