Alternative Dispute Resolution

Americans with Disabilities Act – Mediation

Summary: Plaintiff was an individual with disabilities who sued the owners of a very large shopping center complex, alleging that it violated the Americans with Disabilities Act and similar state law.  The shopping center had first been constructed in the 1960s and had been remodeled from time to time over the years.  There were literally hundreds of alleged barriers to access from missing handrails to inaccessible parking spaces to a very large plaza built on sloping land at the site.  The defendant contended that the scope of the project was prohibitively large.  

Result: We successfully structured settlement discussions to address the items in groups and then assisted the parties in negotiating a staged construction process to permit the barriers to be removed in a time frame which the defendant could achieve economically.

Martin H. Dodd (acting as neutral mediator)