Mediating ADA Website Cases: Compromise and Resolution

Digital accessibility is no longer optional for businesses in 2023. As the online landscape grows, the Americans with Disabilities Act (ADA) has expanded its influence to include digital platforms, making website accessibility a hotbed of legal disputes. Courtrooms across the United States are seeing an influx of ADA-related website lawsuits, with businesses of all sizes challenged to meet evolving accessibility standards.

This blog provides a comprehensive guide for legal professionals and business owners navigating ADA website compliance issues. Learn the essentials of ADA website requirements, the benefits of mediation, and actionable strategies to avoid future litigation.

Understanding ADA Website Requirements

What is ADA Compliance for Websites?

The Americans with Disabilities Act (ADA), passed in 1990, was established to ensure individuals with disabilities have equal access to public spaces. Over time, its application has extended beyond physical locations to include virtual environments, such as websites and mobile apps that are integral to modern business operations.

For websites, ADA compliance means that content must be accessible to individuals with disabilities, including those who rely on assistive technologies like screen readers or keyboard navigation. Businesses that fail to meet these standards risk violating the law and, consequently, becoming the subject of legal actions.

Common Website Accessibility Requirements

Some key accessibility features for websites include:

• Alternative Text (Alt Text): Descriptions for images that can be read by screen readers.

• Keyboard Accessibility: Ensuring functionality for users who rely solely on keyboards.

• Captioning and Transcripts: For video or audio content, providing captions and written transcripts.

• Readable Content: Clear fonts, proper color contrast, and predictable navigation structures.

• Scalable Text: Allowing users to adjust text size without compromising functionality.

These principles are largely based on the Web Content Accessibility Guidelines (WCAG), which have become the gold standard for website accessibility since their release.

The Legal Landscape

ADA Lawsuits are on the Rise

Recent years have seen an unprecedented increase in ADA website lawsuits, with businesses across various industries caught in the crosshairs. According to industry reports, more than 3,200 federal ADA website accessibility lawsuits were filed in 2022 alone.

The legal pressure is compounded by ongoing updates to the WCAG standards. The WCAG 2.1 guidelines, in place since 2018, added more specific requirements for mobile accessibility. Meanwhile, WCAG 2.2 is slated for release soon, further refining accessibility standards. Legal professionals must understand these updates to ensure their clients stay compliant.

The Role of Mediation in ADA Cases

What is Mediation in ADA Website Cases?

Mediation is a collaborative process where a neutral third party—a mediator—helps disputing parties reach an agreement. Unlike litigation, which often results in a winner and a loser, mediation strives for a mutually beneficial solution. For ADA website cases, this typically involves agreeing on a compliance improvement plan.

Benefits of Mediation

• Cost-Effective: Mediation is significantly less expensive than traditional lawsuits.

• Faster Resolution: It avoids the lengthy timelines associated with legal proceedings.

• Flexibility: The process allows for customized solutions tailored to the specific needs of both parties.

• Proactive Compliance: Encourages businesses to implement lasting changes rather than focusing solely on damage control.

Steps in the Mediation Process

Mediation for ADA website cases typically follows these steps:

1. Initiating Contact: Either party can propose mediation. Both must agree on the process and mediator.

2. Pre-Mediation Preparation: Each side gathers relevant documentation, including website audits and proposed remediation plans.

3. Mediation Session(s): Both parties discuss their objectives and concerns in the presence of the mediator. The mediator facilitates constructive dialogue and proposes solutions.

4. Agreement Drafting: The agreed-upon terms—such as a timeline for accessibility improvements—are documented in a legally binding settlement agreement.

5. Follow-Up: Parties ensure compliance with the terms, often involving follow-up evaluations or audits.

Best Practices for Businesses and Legal Professionals

For Businesses

• Conduct Accessibility Audits Regularly: Audit your website to identify and resolve potential issues proactively.

• Implement WCAG Standards: Follow WCAG 2.1 compliance guidelines as a baseline, and stay informed on updates like WCAG 2.2.

• Invest in Training: Educate your web development team on accessibility principles.

• Use Accessibility Tools: Leverage automated accessibility checkers and consultants to ensure quality control.

For Legal Professionals

• Stay Updated on Regulations: ADA website compliance is a rapidly evolving area of law. Make sure your knowledge is current.

• Encourage Mediation: Propose mediation early as a cost-effective and constructive resolution method.

• Document Everything: Keep detailed records of accessibility measures taken to mount a solid defense, if necessary.

• Collaborate with Experts: Partner with accessibility consultants to provide technical insights during mediation.

Mediation Works – Make Accessibility a Priority

Mediation offers businesses and plaintiffs an effective way to resolve disputes while advancing accessibility initiatives.

Whether you’re a business owner or a legal professional, prioritizing proactive compliance and exploring mediation can save time, reduce and costs. Call us to schedule your mediation today.