28 CFR Part 35 · Subpart F — Compliance Procedures
§ 35.176 Alternative means of dispute resolution
Last updated June 11, 2026
What 28 CFR §35.176 requires of state and local governments.
In Plain Language
Where appropriate, the use of alternative dispute resolution (ADR) — including mediation, conciliation, mini-trials, and arbitration — is encouraged in Title II matters. ADR can resolve disputes more quickly, less expensively, and with less acrimony than formal investigation or litigation. Participation is voluntary, and ADR does not waive any party's rights.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.176
Verbatim from 28 CFR Part 35, current through June 9, 2026.
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under the Act and this part.
What § 35.176 Means in Practice
- The ADA encourages alternative dispute resolution: settlement negotiations, conciliation, mediation, and arbitration
- ADR is encouraged where appropriate and authorized by law, not mandated
- DOJ runs an ADA Mediation Program that resolves many complaints faster than investigation
- Mediation can preserve working relationships between residents and their local governments
Common Questions
Can we request mediation when a complaint is filed against us?
Yes. Contact the investigating agency to inquire about mediation availability. Many agencies have ADR programs.
Is mediation binding?
Only if both parties reach a signed agreement. The mediation process itself is voluntary and non-binding unless a resolution is reached.
Does § 35.176 apply to your entity?
You don’t need to fix everything today. You need to know what matters first. We’ll help you find it.
Prefer to talk it through? Call the Title II Line: (608) 960-8830