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.
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.
Topic Editor: Steven C. Schachter, M.D.
Welcome to the Wiki. This space is created for epilepsy.com members to share their own experiences and expertise to help refine and expand the discussion around important topics.
No members have yet contributed to this topic. If you are not yet an epilepsy.com member, register today to get started on this Wiki topic and the many other advantages of being a member. If you are a member and wish to be the first to edit this Wiki topic, please make sure to login, then click on the orange "Start Wiki" button at the top of this page. Or, learn more about Wikis.
|Hi, I'm Caeti! New to having seizures...I think...?||Dec 20, 2013|
|MEG (magnetoencephalography) Test||Dec 20, 2013|
|Memory Loss/Side Effects - Lamictal vs. Topomax||Dec 20, 2013|
|Has anyone else had a feeling of complete overstimulation?||Dec 20, 2013|
|Simple partial seizures left untreated||Dec 20, 2013|
|Reaching the break-up point with epileptic girlfriend. Thoughts? Advice?||Dec 19, 2013|
|TLE - PCS... Can one be awake during a grand mal ?||Dec 19, 2013|
|CA social security disability||Dec 19, 2013|
|Need some insight regarding symptoms I feel are possibly seizure related||Dec 19, 2013|
|Friend having delusions||Dec 19, 2013|
|View all Forums|
|topamax and weight loss||19,412|
|Possible cure for absence seizures||16,695|
|How exactly do aura's feel||14,771|
|Sexual Side Effects||13,634|
|MEDICAL ALERT I.D.'s||12,607|
|Over 40 Different Types Of Seizures - Revised||10,552|
|electrical shock in head?||10,131|
|Weight Gain and Depakote||9,035|
|View all Forums|
|Hyperventilation & epilepsy, a way to help yourself.||Dec 17, 2013|
|Falling Down Funny - It's Harder On Us Than It Is On You||Dec 17, 2013|
|Brain Zaps, tics & twitches||Dec 15, 2013|
|Why?!||Dec 15, 2013|
|halfway there!||Dec 13, 2013|
|withdrawal symptoms||Dec 13, 2013|
|women classic snow boots all can get 60% off||Dec 12, 2013|
|update seizure first aid||Dec 12, 2013|
|My epilepsy recovery||Dec 12, 2013|
|Feeling Sick||Dec 10, 2013|
|View all Blogs|
|my partial complex seizures||4,606|
|Topomax... The Dreaded.........||3,805|
|How can you tell if a sleep seizure happens?||3,602|
|Brain Zaps, tics & twitches||3,600|
|side effects of phenobarb.||3,226|
|Tegretol XR and ANXIETY meds||2,907|
|TYLENOL, AEDs & SEIZURES||2,844|
|Nonepileptic "Events" vs. "Seizures"||2,721|
|View all Blogs|
|Cheap Canada Goose Jackets Outlet on sale 60% off online||Dec 12, 2013|
|epilepsy only||Dec 11, 2013|
|Hawaiian and have epilepsy||Nov 28, 2013|
|Epileptics over 50 with poorly controlled seizures||Oct 28, 2013|
|The "CHillin Out" Chat group||Oct 14, 2013|
|Epilepsy Marathon||Oct 13, 2013|
|Epilepsy and Hormones||Oct 5, 2013|
|Epileptics Working from Home for Websites||Sep 18, 2013|
|new worried Mum||Jul 24, 2013|
|Types of Epilepsy||Jul 23, 2013|
|View all Groups|
|Parents Of Children With Epilepsy||269|
|Temporal Lobe Epilepsy||171|
|Women and epilepsy||170|
|Living a life with Epilepsy||133|
|Anyone with Simple Partial Seizures||109|
|Dating and Epilepsy||94|
|Epilepsy and Memory Loss??||88|
|Epilepsy Surgery Group||74|
|Absence Seizures in Kids||73|
|View all Groups|
|Newly diagnosed at age 56||Dec 19, 2013|
|My son`s future||Dec 19, 2013|
|AN Amazing Testimony On A Spell Caster Who help me to get pregnant||Dec 18, 2013|
|Suddenly I'm having seizures after many years with no problem||Dec 17, 2013|
|seizure free for 2 months||Dec 16, 2013|
|My story||Dec 16, 2013|
|my story||Dec 15, 2013|
|epilepsy||Dec 14, 2013|
|My Story||Dec 12, 2013|
|From Human Friends to Computer Games||Dec 11, 2013|
|View all Stories|
|Temporal Lobe Epilepsy||657|
|Always Have On Clean Underwear||533|
|my brain has died a thousand deaths...........||532|
|Kelly's Life With Epilepsy||496|
|What My Seizures Are Like......||434|
|Nocturnal grand mal seizures (primary generalized epilepsy)||431|
|My Daily Philosophy.....||386|
|View all Stories|