Americans with Disabilities Act (ADA) Mediation

Premier ADA Mediator. Assisting Parties to Resolve ADA Disputes Nationwide.

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Why Mediate Your ADA Claim?

Americans with Disabilities Act mediation is a cost-effective method to resolve ADA claims and cases without the time, expense, and uncertainty of litigation.

Mediating an ADA case effectively requires a mediator with significant experience in mediation of Americans with Disabilities Act claims and cases.

ADA Mediation Attorney Nolan Klein, Esq. has handled over 800+ ADA lawsuits as a lawyer, and in the process, mediated vast numbers of ADA cases and claims. Nolan Klein has appeared as an ADA expert on national media including on 60 Minutes and has taught multiple classes on representation of clients in Americans with Disabilities Act cases.

As a mediator in your ADA case, Nolan Klein brings the experience of hundreds of Americans with Disabilities Act cases to the mediation process, as well as decades of experience mediating cases generally, in order to assist you to in resolving your ADA issue quickly.

What is Americans with Disabilities Act (ADA) Mediation?

The Americans with Disabilities Act (ADA) provides equal opportunities and access for individuals with disabilities. ADA mediation provides all parties the opportunity to resolve their differences without the time, expense, and risk associated with going to trial.

Through the ADA, individuals with disabilities are given the right to equal access to employment opportunities, public accommodations, transportation and government services. Businesses are generally required to comply with the ADA and ensure that their facilities and opportunities are accessible to individuals with disabilities. Failure to comply with the law can result in legal action that drains the resources, time, and energy of all involved. However, there are many applicable defenses available to defendants in ADA matters and an experienced ADA mediation attorney can assist by understanding the applicable claims and defenses.

Mediation attorney Nolan Klein brings his extensive experience in this field to serve as an ADA mediator in your case. Do not allow an ADA claim to bog you down in litigation. ADA mediation is a far better option to attempt resolution of your case.

What claims do disabled claimants make in ADA mediation?

The Americans with Disabilities Act (ADA) has specific requirements that must be met and at mediation, these are usually at issue. These requirements include:

Ensuring physical accessibility: Businesses must ensure that their facilities are accessible to individuals with disabilities, including providing ramps, wide doorways, and handicap parking spots. Claims that there is a lack of physical access are mediated frequently.
Providing reasonable accommodations: Employers must make reasonable accommodations for individuals with disabilities in the workplace, such as providing assistive technology or modifying work schedules. Early mediation of these claims is a win-win for the employee and employer.
Non-discrimination in hiring practices: Employers cannot discriminate against individuals with disabilities during the hiring process and must make all job postings accessible to those with disabilities. Claims of discrimination are excellent candidates for ADA mediation.

Accessible communication: Businesses must ensure that all forms of communication, including websites, are accessible to individuals with disabilities. ADA website cases can often be resolved in mediation most efficiently.

Removing physical barriers: If a barrier prevents an individual with a disability from accessing a business or its services, the business must remove it if possible or provide alternative accommodations. Americans with Disabilities Act physical barriers cases are commonly mediated prior to any trial.

Service animal accommodation: Individuals with disabilities who use service animals must be allowed access to all areas where customers are allowed unless the animal’s presence would cause a fundamental alteration to the business or pose a direct threat. These cases can often be resolved by a good ADA mediator without the time and expense of litigating them.

Compliance with accessibility standards: Businesses must comply with specific accessibility standards set by the ADA, including those for building design and construction. These claims are similar to physical accessibility ADA claims and mediation is an excellent option to resolve these claims.

The Americans with Disabilities Act (ADA) defines a disability as a physical or mental impairment that substantially limits one or more major life activities. This includes individuals with mobility impairments, hearing and vision impairments, learning disabilities, and chronic illnesses. Disputes regarding whether the claimant is disabled under the ADA are prime candidates for Americans with Disabilities Act mediation.

What defenses to companies have in ADA cases?

When faced with allegations of non-compliance with the ADA, there are several defense strategies that a business can employ, and often rely upon during mediation.

Compliance: One of the simplest and most effective defenses is to demonstrate compliance with ADA guidelines. If a business can prove that it has met all the requisite ADA standards, it establishes a strong case for its defense. This is a claim that businesses who mediate ADA claims often make.

Reasonable Accommodations: If a business has made reasonable accommodations for individuals with disabilities, even if they do not perfectly adhere to ADA standards, courts might consider the effort made to accommodate as a valid defense. When and how this defense applies is something that an experienced ADA mediator can evaluate in assisting the parties to settle.

Undue Hardship: In cases where a business can demonstrate that the implementation of certain accessibility measures would cause an undue hardship - meaning significant difficulty or expense, a court may consider these valid grounds for defense. Depending on the nature of the ADA request, this may be a powerful issue to raise during an ADA mediation.

Safe Harbor Rule: The ADA "safe harbor" clause states that certain elements in facilities that were in compliance with previous ADA standards do not necessarily need to be modified to adhere to the current standards. Invoking the "safe harbor" rule can be a useful defense. This rule can be difficult to understand and it is critical to have an experience ADA mediation attorney to understand it.

Fundamental Alteration: If a business can prove that making the necessary alterations to comply with the ADA would fundamentally alter the nature of the business, this could be used as a defense. This is another complex defense that an experienced ADA mediator can assist the parties to work through.

Each of these potential defenses requires careful consideration and expert legal experience to understand, so that the parties to an ADA dispute have a chance to obtain a mediated resolution. Our team of skilled ADA mediation attorney is prepared to assist parties in ADA disputes to resolve their claims and move on with their lives.

We Offer Experienced ADA Mediation Services Nationwide.