Mediation is a dispute resolution process in which a neutral third party (referred to as a mediator) helps parties communicate, identify issues, clarify perceptions, and explore options for a mutually acceptable outcome. Mediation is confidential, voluntary, and party driven. Mediators do not make decisions about the outcome of the case. Mediation gives parties control over the outcome of their case.
Mediation offers several benefits:
- Saves time and money.
- Ensures confidentiality.
- Provides a fair and neutral environment.
- Empowers parties to mutually resolve the problem.
- Encourages cooperation and better communication.
- Helps clarify the issues.
- Addresses all important issues, not just those alleged in the complaint.
- Avoids the uncertainty of a judicial outcome.
- Provides high satisfaction for parties, regardless of settlement.
- Gives parties nothing to lose by trying mediation.
Parties are encouraged to participate in ADR at the earliest practicable time in the litigation. Parties are welcome to participate in ADR at any stage of the litigation and return to ADR at any time. Entry into ADR is easy.
Commercial cases:
- File stipulation to ADR, or
- Request an order of reference to ADR from the justice assigned to the case, or
- Opt-in, or
- Attend an ADR conference.
General Civil cases:
- File stipulation to ADR,
- Request an order of reference to ADR from the justice assigned to the case, or
- Opt-in, or
- Attend an ADR conference.
Matrimonial cases:
- Request an order of reference to ADR from the justice assigned to the case
Yes, parties are free to select their own mediator. Please visit the Commercial, General Civil, or Matrimonial page for links for each roster or search the Statewide Mediator Directory.
If a Notice of Referral to ADR has been uploaded to NYSCEF, please make sure to read the notice carefully. If your case qualifies for a Presumptive Mediation Part conference, a court date will be scheduled to discuss the case and explore suitable dispute resolution options. Please check e-Courts, eTrack, or SCROLL for the time and date of the conference. The ADR office will provide links to virtual conferences.
No, participation in ADR does not stay the court proceeding, except by order of the assigned justice.
Yes. ADR proceeds alongside and separate from the litigation.
Pre-mediation discovery is limited to discovery that is necessary for a meaningful mediation. Such discovery is exchanged by stipulation of the parties on an expedited schedule that comports with the ADR timeframes. The exchange of pre-mediation discovery is without prejudice to further discovery if the case is not resolved in mediation.
Mediation is a voluntary, party-driven dispute resolution process. Parties may participate in the Court's ADR program or opt-out to go to private mediation. Parties are encouraged to participate in mediation at the earliest practicable time and may return to mediation at any point in the litigation. Parties who opt out of mediation may return to ADR at a later time. Some cases may be ineligible for ADR or a court may remove a dispute from an ADR process to which it has been referred (§160.2. Court Referral of Civil Disputes to ADR). Parties may enter the Court's ADR program in various ways. If a party objects to a referral to ADR made by the Court, the party shall make their application to the referring justice according to the part rules of that justice. Parties engaged in court-sponsored mediation who wish to terminate their participation shall communicate such to their assigned mediator or the ADR Coordinator.
To join the roster, review the ADR roster rules and procedures to ensure you meet the eligibility requirements for applying.
Each application is reviewed in its entirety and members are on-boarded according to the needs of the Program.
You ask questions by sending an email to ADR-1JD@nycourts.gov or calling 212-256-7956.