Matrimonial Division Mediation
Referral to Mediation
The Bronx Supreme Court-Matrimonial Division’s presumptive mediation program refers parties to mediation at the conclusion of a preliminary conference. The cases are referred early in the court process before positions harden and the cost of litigation rises. A matter may also be referred to mediation at the request of the Judge assigned to the case. The parties (or their attorneys) may also request mediation by completing a referral form and submitting it to the Judge assigned to their case.
Notice to Mediate
The ADR Coordinator for the Matrimonial Division will notify the parties (or their attorneys) that they have been selected for presumptive mediation. The coordinator will provide said notice and an agreement to mediate via email. All parties (or their attorneys) must complete the agreement to mediate, upload it to NYSCEF and email a copy to [email protected].
Pre-Mediation Screening
Once the parties return the agreement to mediate to the coordinator, the ADR Department will schedule the parties for a pre-mediation screening interview to determine if the matter is appropriate for mediation. Each party will be screened outside of the presence of the other and may be accompanied by their attorney. This screening is confidential.
If the case is not appropriate for mediation, the ADR Coordinator will notify the parties (or their attorneys) via email and the case will proceed in the normal course of litigation without any effect on any deadlines.
Order of Reference
If the case is appropriate for mediation the ADR Coordinator will assign the matter to a mediator after checking for possible conflicts with the assigned mediator. The parties will then be directed to mediation through an Order of Reference, which will state 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 & Mediation 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 prior to the deadline to complete mediation.
If the parties opt for the assigned mediator, the first ninety (90) minutes of mediation is FREE and 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. The parties will be asked to agree to the mediator’s hourly rate and any fees paid to the Mediator are to be paid equally by the parties unless otherwise agreed upon. 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.
Parties are free to decline the assigned mediator and select a different mediator from our roster or from a non-court sponsored source. Note: Only assigned mediators will provide the first 90 minutes of mediation at no cost to the parties.
To view all of the mediators on our roster:
Go to the Statewide Mediator Directory
Select “12th Judicial District”
Select “Bronx County Supreme Matrimonial” from the Available Rosters list
Click View Roster
Post Mediation
Please share your experience with the program at the conclusion of mediation, by completing our Post-Mediation Survey.
Resources
For Parties
Letter Introducing Mediation
ADR Referral Form
ADR Opt Out Form
Agreement to Mediate
Part 160: Alternative Dispute Resolution in the Trail Courts
Contact
Jessica Brenes, Esq.
ADR Coordinator - Matrimonial Division
Court Attorney-Referee
851 Grand Concourse
Room 701A
Bronx, NY 10451
(718) 618-3081
[email protected]