ADR

Alternative Dispute Resolution

 

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What is Mediation

Statement of 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, Family Court, Surrogate Court and City Court of the 9th JD shall be presumptively eligible for early referral to an Alternative Dispute Resolution (“ADR”) process unless otherwise excluded pursuant to this Plan. 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 appropriate time.

Call for Mediators and Neutral Evaluators

The 9th Judicial District serves a wide variety of litigants, including persons of varying age, race, ethnicity, national origin, gender, sexual orientation, physical or mental ability, religion, socioeconomic and family status. The District’s multiple Mediation Programs recognize that neutrals with a wide variety of cultural and life experiences enrich the alternate dispute resolution process by bringing diverse perspectives to resolving disputes. To accomplish these goals, it is important that the 9th JD Mediation Program Rosters attract and retain neutrals who represent a range of personal and professional backgrounds who can, thereby, better serve and instill confidence in participants in the alternate dispute resolution process. To that end, qualified applicants of all diverse backgrounds and experiences are encouraged to apply for admission to the Mediation Rosters in the 9th Judicial District.

Mediator Requirements

The Administrative Judge shall establish, and the ADR Program Contact shall maintain, a roster of trained mediators ("The Roster") for the Program which shall be available on the Court website. To be eligible to join the Roster as a Mediator, a person shall satisfy the training and experience requirements of Part 146 of the Rules of the Chief Administrative Judge as follows:

All Court Roster Mediators shall have received at least 24 hours of basic mediation training, 16 hours of additional training in the specific mediation techniques applicable to specif subject areas of the types of cases referred to them. In addition, all Court Roster Mediators shall have recent experience mediating actual cases in the subject area of the types of cases to be referred to them. Mediation experience can be achieved by mediating at least three (3) Court cases in a New York State, or b. Completing a Court Mediation Apprenticeship.

A Court Mediation Apprenticeship shall include observing at least one (1) mediation, regardless of case type; Co-mediating three (3) Court cases in the subject area of the types of cases to be referred to them and debriefing all observations and mediations with a court roster mediator or ADR Program Contact; and evaluation by a court roster mediator or ADR Program Contact

All Court Roster Mediators must attend six hours of approved Continuing Education relevant to mediating in their respective practice areas every two years.

Fulfillment of these requirements does not guarantee acceptance onto the Roster. Final placement on a Roster or continuation on a Roster is in the discretion of the District Administrative Judge under Part 146 of the Rules of the Chief Administrator.

Apply now: Mediator Application Form


ADR Roster of Mediators
Roster of Mediators 

Rules
ADR Rules Ninth District

City Court Rules
 City Court Rules

Family Court Rules

District Wide Permanency (Family Court) Mediation Rules

 Dutchess
 Orange
 Putnam
 Rockland
 Westchester

Supreme Court Rules
 Dutchess
 Putnam
 Orange
 Rockland Supreme and Surrogate

Westchester Matrimonial Neutral Evaluation Program
Westchester Supreme Court Commercial Division Rules
Westchester Supreme Court Differentiated Case management Parts (General Civil)
Westchester Supreme Court Matrimonial Rules



Surrogate Court Rules
 Rockland Supreme and Surrogate
 Westchester Surrogate Court Rules
 

Forms
Mediation Application for Permanency Mediation Program
Mediation Fee Agreement
Mediation Order of Reference
Mediation Opt-out Form / Court Order
Mediation Participant Statement of Understanding
Mediation Selection Form
Mediator Survey
Referral to Permanency Mediation Form
Report of Mediator Form
Westchester County Preliminary Conference Stipulation
Westchester County Confidential Mediation Report
Westchester County Presumptive ADR Stipulation and Order of Reference

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