Goals
• Foster early, cost-effective resolution of disputes
• Allow parties to express interests and feel heard
• Attract and engage ADR neutrals with diverse personal and professional backgrounds
• Make interpreters and accessibility services available at court-provided ADR
• Open ADR to attorney participation
• Run ADR in parallel with court case and not slow litigation outcome
Policy
• It is the policy of the Unified Court System to encourage the resolution of civil legal disputes by methods including mediation, arbitration, neutral evaluation, in-court settlement practices, and summary jury trials.
• All civil actions or proceedings heard in the Supreme Court, Court of Claims, County Court, Family Court, Surrogate’s Court and City Court shall be presumptively eligible for early referral to an alternative dispute resolution (ADR) process unless otherwise excluded.
• Courts may refer parties to an ADR process at any time after an action has been commenced and are encouraged to do so at the earliest practicable opportunity.
ADR Programs & Providers
Center for Resolution & Justice • This local nonprofit partners with the NYS Unified Court System to provide alternatives to litigation. It offers many different ADR services throughout the 8th Judicial District. Many of its ADR services are also available directly to the public (and without court referral). Learn more,
Child Welfare Permanency Mediation Program • Provides mediation of permanency issues in family court child abuse & neglect cases. Court referral required. Program services available after court petition filed. Learn more
Children Come First Program • Court staff mediate parenting plans and conduct parenting assessments for supreme court matrimonial/divorce cases. Court referral required. Services available after lawsuit filed. Learn more
City Court Small Claims Mediation Program • The Center for Resolution and Justice mediates small claims cases from Batavia, Dunkirk, Jamestown, Lackawanna, Lockport, Niagara Falls, North Tonawanda, Olean, Salamanca & Tonawanda City Courts. Court referral required. Services available after lawsuit filed.
Erie County Surrogate's Court Presumptive ADR Program • The Erie County Surrogate may refer Surrogate's court cases for mediation by mediators/neutrals who are listed on its court-approved Roster. If court-referred, no fee is charged by the mediator for the first 120 minutes (but fees may be charged to parties choosing to go beyond 120 minutes). Court referral required. Services available after court petition filed.
Family Court Custody and Visitation Program • The Center for Resolution and Justice will mediate family court custody and visitation cases. Court referral required. Services available after court petition filed.
Martin P. Violante ADR Center • ADR-dedicated court staff provide mediation or enhanced settlement conferencing for complex civil, commercial, and estate cases (not for divorce/matrimonial or family court cases), Court referral required. Services available after lawsuit filed.
Parenting Coordination Program • For parenting coordination in high conflict divorce/matrimonial and Family Court cases by Parenting Coordinators who are listed on a court-approved Roster. Court referral required. Program services available after lawsuit/petition filed. Learn more
Referral to Roster Meditator • Courts in the 8th Judicial District may refer cases to mediators listed in the 8JD Roster of Mediators, available below. If court-referred, no fee will be charged by the mediator for the first 120 minutes (but fees may be charged to parties choosing to go beyond 120 minutes).
There is also a Statewide Directory of Mediators searchable by location and case type that includes mediators from across New York State and also includes more information about local roster members areas of practice and experience.
Anyone may use the Statewide Directory, but only court-referred cases get 120 free minutes of mediator time.
Restorative Justice • Community Dispute Resolution Centers partner with the courts to provide Restorative Justice services in select family and civil supreme cases. Court or probation referral required.
Settlement Judges • In Supreme Court Civil cases, parties may request that their case be heard by a justice other than the justice assigned to the case, pursuant to Supreme Court Rules 202.29 and 202.70(Rule 3). In the 8th JD, the following justices have agreed to provide settlement conferencing to cases assigned to other justices, upon the approval of the justice assigned to the case: Hon. Emilio Colaiacovo, Hon. Paula Feroleto, Hon. Daniel Furlong, Hon. Mark Grisanti, Hon. John Licata, Hon. Amy Martoche, Hon. Catherine Nugent Panepinto, Hon. Donna Siwek.
Summary Jury Trials • In Supreme Civil Cases, parties may stipulate to a summary jury trial, which is an abbreviated version of a full jury trial.
ADR by Case/Court Type
Child Victim Act/Adult Survivor Act (Supreme Court) • In addition to all other options available for Supreme Civil cases, Restorative Justice services are offered.
Complex Civil (Supreme Court) • Martin P. Violante ADR Center - enhanced settlement case conferencing by ADR-dedicated court staff • OR • Case conferencing with Judge/law clerk assigned to your case • OR • Mediation or neutral evaluation by private-pay mediator/neutral listed in Statewide Mediator Directory • OR • Case conferencing with a justice not assigned to the case • OR • Summary Jury Trial.
Commercial Division (Supreme Court) • Mediation or neutral evaluation by private-pay mediator/neutral listed in Statewide Mediator Directory, unless the presiding judge determines another process is more suited to the case.
Divorce (Supreme Court) • Children Come First Program - mediation of custody & visitation parenting plans (and conduct parenting assessments) • OR • Center for Resolution and Justice mediation of all matrimonial/divorce issues • OR • Parenting Coordination Program - child-focused parenting coordination by neutral listed on its roster • OR • Case conferencing with judge/law clerk assigned to your case • OR • Mediation or neutral evaluation by private-pay mediator/neutral listed in Statewide Mediator Directory.
Probate & Estate (Surrogate’s Court) • Martin P. Violante ADR Center - enhanced settlement case conferencing by ADR-dedicated court staff • OR • Case conferencing with Judge/law clerk assigned to your case • OR • Mediation or neutral evaluation by private-pay mediator/neutral listed in Statewide Mediator Directory or Erie County Surrogate’s Court Roster of Mediators.
Custody & Visitation (Family Court) • Family Court Custody and Visitation Program - mediation by Center for Resolution and Justice • OR • Case conferencing with Judge/court attorney assigned to your case • OR • Parenting Coordination Program Child-focused parenting coordination by neutral listed on its Roster.
Child Abuse & Neglect Permanency Plans (Family Court) • Child Welfare Permanency Mediation • OR • Case conferencing with Judge/court attorney assigned to your case.
Small Claims (City Court) • City Court Small Claims Mediation Program - mediation by Center for Resolution and Justice • OR • Case conferencing with Judge/law clerk assigned to your case.
ADR Documents and Forms
Violante ADR – Attorney Affirmation must be completed by one attorney for each party before ADR will be scheduled with the Martin P. Violante ADR Center.
Supreme Civil Order of Referral and Report of Disposition
Supreme Matrimonial Order of Referral and Report of Disposition
Settlement Conferencing Judges: Hon. Emilio Colaiacovo, Hon. Paula Feroleto, Hon. Daniel Furlong, Hon. Mark J. Grisanti, Hon. John Licata, Hon. Amy C. Martoche, Hon. Catherine Nugent Panepinto, Hon. Donna Siwek.
Supreme/County Roster of Mediators:
Matrimonial
General Civil
Commercial
Child Victims Act/Adult Survivors Act ADR Options Flyer
ADR Contact Information
Administrative Judge of the Eighth Judicial District: Hon. Kevin M. Carter, J.S.C
8JD ADR Coordinator: Audrey Rose Herman, Esq., Court Attorney Referee
Regional ADR Coordinator: Bridget M. O’Connell, JD/MSW, Court Attorney Referee, 25 Delaware Avenue, Buffalo, NY 14202
Martin P. Violante ADR Center: Melissa Nickson, Esq., Court Attorney Referee
- Center for enhanced case conferencing of supreme and surrogate's court cases (but not divorce/matrimonial cases)
Children Come First Program: Chrissy Sarzynski, LCSW
- Program for mediation of custody/visitation parenting plans & parenting assessments in divorce/matrimonial cases
Child Welfare Permanency Mediation Program: Suzanne Shafer, Program Administrator
- Program for mediation of permanency plans in family court child abuse/neglect cases
Center for Resolution and Justice: (716) 362-2323 or [email protected]
- The "CRJ" is a local nonprofit partnering with the court to provide many ADR services throughout the 8th Judicial District, including the City Court Small Claims Mediation Program & Family Court Custody and Visitation Program
Erie County Surrogate’s Court ADR Program: Rebecca Diina LaCivita, Esq. or Joel Moore, Esq.
- Presumptive ADR Program & Roster of Mediators
Case conferencing: lawyers should arrange case conferencing with chambers of Judge assigned to your case
Statewide Mediator Directory:
- Court-approved list of mediators/neutrals
Language access and court interpreters: Learn more
