7. Do I have the right to receive the specific accommodation I request or can the mediator provide something else?
If more than one accommodation solution would meet your needs, the mediator may choose which one to provide. If the mediator's proposed accommodation would not be effective for you, explain to the mediator why, so that she has an opportunity to explore an alternative accommodation with you.
Example: A party with a learning disability requests to tape record the mediation session, explaining to the mediator that this will accommodate her inability to take comprehensive notes. The mediator is concerned that allowing a tape recording of the mediation session will inhibit the other participants and may raise confidentiality concerns, so instead offers to provide a qualified note taker for the session. Assuming the notes are satisfactory, this may be an equally effective accommodation.
Example: A party who is deaf requests that the mediator provide Computer-Assisted Realtime Translation (CART) services for the mediation, whereby a qualified transcriptionist contemporaneously types a transcript of what is said at the mediation session(s), and it appears on a screen for the party to read. The mediator wishes to offer a sign language interpreter instead of CART, to reduce the expense. Absent undue hardship, the mediator must provide CART if a sign language interpreter would not be an equally effective accommodation for the individual, for example if the party does not use sign language or if no interpreter is available to communicate in the type of sign language the party uses.
