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AMERICANS WIH DISABILITIES ACT (ADA) AND
ALTERNATIVE DISPUTE RESOLUTION

The Americans with Disabilities Act (ADA) supports the use of alternative dispute resolution (ADR). Section 513, 42 U.S.C. §12212, provides: “Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement, negotiations, conciliation, facilitation, mediation, fact finding, mini-trials, and arbitration, is encouraged to resolve disputes arising under this Act.”

Alternative Dispute Resolution can be an effective supplement to the other enforcement mechanisms under the ADA. Whether the issues are in employment, public accommoations, access, testing, ADR supplements other enforcement mechanisms available under the ADA. Both employers and employees can look to ADR as a “good sense” way to find a common ground. ADR offers both parties the classic “win-win” scenario, often resulting in creative and collaborative solutions. Two of the ADA’s provisions, “reasonable accommodation” and “readily achievable,” have often been successfully resolved through mediation and other ADR conflict-resolution strategies.

• ADA Mediation Guidelines (PDF)