ADA lawsuits can be expensive to defend and can take years to resolve. If you’ve been sued for violations of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189, you can file an Application for Stay and Early Mediation to temporarily halt the litigation to allow for the parties to mediate. Stay and early mediation may significantly reduce the cost of litigation.
ALTERNATIVE DISPUTE RESOLUTION IN ADA LAWSUITS
ADA lawsuits can be an expensive and a lengthy process. As with most litigation, Court’s encourage the parties to attempt early settlement through alternative dispute resolution (“ADR”). Because many of the violations alleged in ADA lawsuits can be quickly and economically remedied i.e. accessible parking stalls, as a result, early mediation can resolve the case early without lengthy litigation. Let’s not forget that the primary goal of the ADA is to remove barriers for persons with disabilities and not for plaintiffs’ attorneys to rack up legal fees.
In the Central District of California the Court allows a defendant to ask for a stay of litigation so that the parties may participate in the Court’s ADR Program. The Court’s ADR Program offers 3 hours of free mediation through a panel of court appointed mediators.
To apply for a stay and participate in early mediation, the Defendant(s) must complete and file the Application for Stay and Early Mediation either before the due date to Answer the Complaint or within fourteen (14) days of the date that the ADA Packet was served. The Plaintiff will have an opportunity to oppose the Application within seven (7) days of service. Absent a compelling reason, the Court will typically grant the Application for Stay.