Under the Americans with Disabilities Act, business owners are required to make sure that all office areas and public spaces are accessible to people with disabilities. Employers who fail to make sure the company is in compliance with the law often face complaints from disabled employees that escalate quickly into costly lawsuits.

There is another a less damaging way for employers to resolve these disputes. The Department of Justice established an ADA mediation program to encourage the use of alternative dispute resolution methods to settle ADA complaints.

A more informal process, mediation gives employers and employees the opportunity to meet outside of the courtroom with an impartial third party to reach a mutual, binding agreement. The mediator is not a judge and does not weigh in on the disagreement, but rather guides the process to ensure the disputing parties resolve the issue fairly and effectively.

Business owners have used the ADA mediation program to find a solution to a number of common complaints, including:

• Removing barriers by widening doorways, clearing obstructions from passageways and installing ramps, handlebars and other features.

• Accommodating language challenges with Braille signs and sign language interpreters..

• Revising company policies and procedures.

Employers involved in disputes should encourage their employees to consider participating in the ADA mediation program before they file a formal lawsuit. The mediation process can save both the employer and the employee from the long, expensive and unpredictable process of administrative action or a lawsuit.

- Jane Volk, Meyer,
Unkovic & Scott,
jlv@muslaw.com

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