Disability Mediation Center
Program Description | Flyers & Brochures
Overview
The Disability Mediation Center [DMC] provides expert mediation, conciliation and facilitation services in disability related disputes. The DMC recognizes that many disputes are better resolved through alternative means of dispute resolution rather than litigation. The complexity of disability related disputes often requires mediators with expertise in disability issues. Our experienced staff specializes in access, reasonable accommodations and disability related discrimination issues claims in a wide variety of settings ranging from consumer-merchant, landlord-tenant and neighbor-neighbor conflicts to domestic/relationship problems and employment disputes.
The DMC handles cases referred by the Equal Employment Opportunity Commission, the Court of Appeals, Los Angeles County, various community organizations, and attorneys. The DMC successfully resolves cases in a wide variety of areas, including employment, discrimination, consumer-merchant, landlord-tenant, relationship/family, and education. We resolve case litigation, in administrative processes, before litigation, and after litigation.
Mediation is a process in which the parties to a conflict meet face to face with a neutral third party, the mediator, who helps them negotiate a mutually agreeable resolution. The role of the mediator is to help parties define their issues, understand each other's concerns, develop options and alternatives, and reach a consensual settlement that meets everyone's needs.
The Process is Voluntary and Confidential:
Participation in our dispute resolution processes is voluntary and the parties are free to withdraw at any time. All statements made and any documents produced during the mediation, conciliation or facilitation process are confidential and are not admissible in any civil proceeding unless all participants consent to disclosure (California Evidence Code ยง1152.5).
The DMC is kept strictly separate from the other DRLC programs, so no information or case involved with the DMC will ever be shared with other DRLC programs.
How Can We Assist You with Your Disability Related Issues?:
The Americans with Disabilities Act and the California Fair Employment and Housing Act require an employer to provide reasonable accommodations to a qualified applicant or employee with a disability, unless doing so would impose an undue hardship on the employer.
The Family and Medical Leave Act and the California Family Rights Act require an employer to provide an eligible employee up to 12 weeks of unpaid, job-protected and benefit-protected leave in a 12-month period.
The California Workers Compensation Act prohibits retaliation against an employee who has filed or intends to file a workers compensation claim for a work-related illness or injury.
Often an employee's disability brings several of the above provisions into interplay, creating a complex web of rights and obligations.
Our mediators can help you untangle and resolve any conflict arising out of this complex situation.
Why Choose Alternative Dispute Resolution (ADR) Services?:
ADR Makes Sense
You - not a jury, judge or arbitrator - are in control of the outcome. You make the decisions because you know what works best for you.
ADR is Voluntary
Parties only participate if they choose to, and have the option to stop at any time if they feel the process is not productive. If no resolution is reached, the parties can still pursue other grievance procedures, including litigation.
ADR is Confidential
Sessions are held in private, and any statements made during mediation are not admissible as evidence, and no disclosure of such statements can be made in any civil action. No records are kept of the discussions with the exception of any settlement agreement that is reached by the participants.
ADR is Quick & Convenient
We can generally schedule a mediation within one week from the time all parties agree to participate and most issues can be resolved in a single session. We can schedule a mediation at a time and location that is convenient for you.
ADR is Non-adversarial
Mediation provides a comfortable, safe and respectful setting for discussion, which fosters a collaborative, problem-solving mind set that helps restore and maintain ongoing relationships.
ADR is Cost-effective
Mediation generally only requires minimal investigation or discovery, and allows for creative solutions because you are not limited to the remedies available under the law. Overall, the process is significantly cheaper than litigation.
ADR Works!
About 80% of our mediations end in agreement, even after other attempts to settle have failed.
Why Choose the Disability Mediation Center?:
Experienced Mediators with Subject Matter Expertise
Our mediators are experts on disability related laws, such as the Americans with Disabilities Act, the California Fair Employment and Housing Act, the Family and Medical Leave Act, the California Family Rights Act, and the California Workers Compensation Act. We are equally familiar with the rights and obligations of both sides.
The Disability Mediation Center has been on the mediation panel of the Equal Employment Opportunity Commission since 1999, and has mediated employment discrimination cases based on disability, Title VII and the Equal Pay Act.
The Disability Mediation Center is a training facility for Loyola Law School students. We also provide training to the general public, including area employers and professional mediators on the Americans with Disabilities Act.
The DMC Law Clerks and Externs receive extensive mediation training, as well as basics on disability law and etiquette. Law Clerks and Externs work their own case load under staff supervision. Cases involve conducting new caller intakes, assessing how the DMC can assist, providing referrals and relevant resources, convening mediations, conciliation of conflicts by telephone, observation of staff mediations, and co-mediation opportunities. This is a powerful and fun opportunity to hone your negotiation, communication and dispute resolution skills, while earning a certificate in mediation!
Experienced Mediators with Process Expertise
The Disability Mediation Center was founded in 1994 to meet the need for non-adversarial, less costly dispute resolution processes. Since then we have successfully mediated, conciliated and facilitated over 1000 cases.
Single Case or Contract Services
We provide services on a single case/as needed basis but also offer ADR assistance on a contractual basis, as part of your reasonable accommodation or grievance procedure.
Frequently Asked Questions:
How Does the Process Work?
Each party describes the issue from his or her own point of view and offers possible solutions. The mediator helps the parties focus on the underlying needs causing the problem, and helps the parties find a workable, mutually acceptable resolution without imposing his or her own views on the parties. The mediator meets with each side separately and then helps bring them together and negotiate a solution. When parties arrive at an agreement, they may put it in writing to make it legally binding.
How Do You Know if Mediation is Right
for You?
Determine if you have any reasonable accommodation or other disability related issues in your organization that take up your time and effort.
Determine if you have any individuals within your organizations who have filed multiple/recurring complaints despite your efforts to meet their needs.
Weigh all your options for settling the above issues/complaints and compare the cost of mediation to all other options, including litigation.
Will You Need an Attorney?
It is up to you whether to consult an attorney. Attorneys are welcome, but not required.