Civil Division Mediation
Referral to Mediation
Bronx Supreme Civil follows a model of presumptive mediation where parties are referred to mediation early in the case. A referral can occur at any stage in a case, preferably early in the court process, before costs rise and positions harden. Parties are also free to request mediation at any time in their case.
Notice through NYSCEF
Cases that are selected for presumptive mediation will receive a notice of their selection on NYSCEF with an agreement to mediate attached. All parties (or their attorneys) must complete the agreement to mediate, upload it to NYSCEF and email a copy to [email protected].
If a party to a case wishes to mediate and has not received a notice in NYSCEF, they can complete the request for mediation form. The ADR Department will then anonymously upload a selection notice to the case so that the parties may proceed to complete the agreement to mediate.
Order of Reference
Once the parties have uploaded the necessary documents to NYSCEF, the ADR Department will review the case the ensure it is appropriate for mediation. After checking for possible conflicts with the assigned mediator, appropriate cases are directed to mediation through an Order of Reference, which states the name and contact information of the mediator and the time frame to complete the first mediation session. Some Orders of Reference will also give a date for a post-mediation conference.
Scheduling and Mediator Selection
It is up to the parties to contact the assigned mediator to schedule the mediation. The parties should coordinate with the mediator to schedule a mediation at a mutually convenient time and place at some point prior to the deadline to complete mediation. Parties must agree to the mediator’s hourly rate should the mediation go longer than 90 minutes. Any fees paid to the Mediator are to be paid equally by the parties unless otherwise agreed upon.
Parties are free to decline the assigned mediator and select a different mediator from our roster or from somewhere else. Note: only assigned mediators will provide the first 90 minutes of mediation at no cost to the parties.
To view the mediators on our roster:
Go to the Statewide Mediator Directory
Select “12th Judicial District”
Select “Bronx County Supreme Commercial/Civil” from the Available Rosters list
Click View Roster
Mediation
If the parties opt for the assigned mediator, the first ninety (90) minutes of mediation will not be billable to the parties. If the case does not settle after the initial 90 minutes, the parties may choose either to conclude the mediation or continue at their own expense. If the parties decide not to continue to mediate, the case will proceed in the normal course of litigation without any effect on any deadlines.
Post-Mediation
Please share your experience with the program by completing our Post-Mediation Survey.
Resources
Forms for Parties
Request for Mediation
Sometimes it is difficult for parties to broach he topic of mediation with the other side. Use this form to request mediation directly from the court. We will review the case and, if it is appropriate for our program, we will invite both parties to mediate. We will not reveal to one side or the other that a request for mediation was made by the other side.
Post-Mediation Survey This form is to be completed by the parties to the mediation or their attorneys at the conclusion of the mediation. It provides the ADR Department with valuable information about the program so that we can continue to improve the services we provide.
Forms for Mediators
Our program is only as strong as our mediators. We are also here to provide mediators with any resources they may need.
Here are some helpful forms:
Report of mediator This form is to be completed by the mediator at the conclusion of the mediation. It provides the ADR Department with the relevant information about the mediation outcome.
Part 160: Alternative Dispute Resolution in the Trail Courts
Contact
Albert M. Levi, Esq.
ADR Coordinator - Civil Division
Court Attorney-Referee
851 Grand Concourse
Room 701A
Bronx, NY 10451
(718) 618-3081
[email protected]