Disputes Concerning Business Contracts, Divorce, Family Matters, and Personal Injury Involve

ADR Programs by court blazon:

Supreme Court | Surrogates Courtroom | Family Court | City Courtroom

Statement of Policy

It is the policy of the Unified Courtroom Organisation to encourage the resolution of civil legal disputes by methods including arbitration, arbitration, neutral evaluation, in-court settlement practices, and summary jury trials. All civil deportment or proceedings heard in the Supreme Courtroom, Court of Claims, County Court, Family unit Court, Surrogate'southward Court, District Court, City Court, and New York City Ceremonious Courtroom shall be presumptively eligible for early referral to an alternative dispute resolution process unless otherwise excluded. Courts may refer parties to an ADR process at any fourth dimension after an action has been commenced and are encouraged to practice and so at the earliest appropriate opportunity.

ADR CONTACT Data

If you have a matter that is currently pending in your county of residence that yous would like considered for reference to ADR, or if you simply take a question concerning ADR delight contact

Sharon G. Matthie, Esq.
Court Attorney Referee
Culling Dispute Resolution Coordinator, ninth JD
111 Dr. Martin Luther Male monarch Jr., Blvd
White Plains, NY 10601
Email: smatthie@nycourts.gov

Call for Mediators

The ninth Judicial District serves a broad variety of litigants, including persons of varying age, race, ethnicity, national origin, gender, sexual orientation, physical or mental power, religion, socioeconomic and family status. The Commune's multiple Mediation Programs recognize that neutrals with a wide multifariousness of cultural and life experiences enrich the alternate dispute resolution process past bringing diverse perspectives to resolving disputes. To achieve these goals, information technology is important that the 9th JD Arbitration Plan 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 employ for admission to the Mediation Rosters in the 9th Judicial District.

Universal Application Grade

Mediator Requirements

The Administrative Gauge shall constitute, and the ADR Program Contact shall maintain, a roster of trained mediators ("The Roster") for the Program which shall be available on the Courtroom website. To exist eligible to bring together the Roster as a Mediator, a person shall satisfy the training and experience requirements of Office 146 of the Rules of the Chief Administrative Judge as follows:

All Courtroom Roster Mediators shall have received at least 24 hours of bones mediation preparation, 16 hours of additional training in the specific arbitration techniques applicable to specific subject areas of the types of cases referred to them. In improver, all Court Roster Mediators shall have recent experience mediating actual cases in the subject area surface area of the types of cases to exist referred to them. Arbitration feel tin be achieved by mediating at to the lowest degree three (3) Court cases in a New York Land, or b. Completing a Court Arbitration Apprenticeship.

A Court Arbitration Apprenticeship shall include observing at least one (ane) mediation, regardless of example blazon; Co-mediating 3 (iii) Court cases in the field of study 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 Programme Contact

All Court Roster Mediators must nourish six hours of approved Continuing Education relevant to mediating in their respective do areas every 2 years.

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

Links

9th Judicial Commune ADR Rules

Customs Dispute Resolution Centers

Definitions

Forms

Frequently Asked Questions

Roster of Mediators

Rules

ADR Programs By Type

The Court is committed to finding less costly and innovative ways of resolving matters, and therefore offers the following ADR programs: City Courtroom, Family Court, Permanency Planning Mediation, Supreme Court, and Surrogate'due south Court. In addition to these specialized ADR programs, any arbitration eligible case may be referred to private mediators to help in reaching an early resolution of cases.  Almost all contested matters are eligible for presumptive ADR at some point prior to trial.

If the matter is referred to mediation, the Court will upshot an Order of Reference or Referral ("the Order"). Within xxx days of the issuance of the Order, the parties shall select one of the following services for mediation including: Roster Mediator, Community Dispute Resolution Eye, Judicial Hearing Officer, Private Mediator, Court Attorney Referee. Arbitration shall be completed within 45 days of the Order of Reference or referral to mediation. If the thing is non resolved in arbitration, the parties shall proceed with discovery, just may exist discipline to further referral to mediation. During the mediation process, the Court may proceed appearances of the thing before the Guess, Police Clerk, Courtroom Attorney, Courtroom Attorney Referee or Judicial Hearing Officeholder. Select the Court (hyperlink) where your thing is awaiting for boosted data:

SUPREME COURT

SUPREME COURT
Canton	Example TYPE	EXCLUSIONS
Dutchess rules	Cases identified by the Judge at the preliminary briefing	Cases that involve domestic violence, cases with an imbalance of power or other such cases, in the courtroom's discretion
Putnam rules	Presumptive Matrimonial- with or without children Matrimonial- W-two employees/custody Tort with claims under $75,000 Contract/Commercial claims under $75,000	Cases involving allegations of domestic violence and/or were temporary or permanent
	Optional Personal Injury actions Commercial deportment Matrimonial actions Any case where all parties request mediation, or where the Court directs the case to go to mediation in the practice of the Court's discretion
Orange rules	Subrogation All cases
	Contract Cases seeking less than $50,000
	Betrothed Cases involving Due west-2 employees with issue of maintenance; child back up; and equitable distribution Cases where custody is resolved may exist included
	Postal service Judgment All cases except contempt applications
	Personal Injury Cases with no insurance or minimal policies ($25,000/$50,000)
Rockland rules	Collection cases Personal injury cases (post initial substitution of medical information) Property damage/subrogation matters Elementary matrimonial actions (W-2 employees; express assets; uncontested custody/visitation where at that place is no club of protection) Contracts and commercial disputes with $50,000 or less in dispute Any case which does not autumn into the to a higher place list of cases, but where all parties request arbitration, or where the Court directs the case to go to arbitration in the do of the Court's discretion

WESTCHESTER COUNTY SUPREME COURT
Plan	CASE TYPE	EXCLUSIONS
Neutral Evaluation Program rules	Betrothed
Commercial Segmentation rules	Corporate dissolutions, internal governance disputes and shareholder derivative deportment where the entity is closely held and not-public and at that place is an ongoing business or personal human relationship among the parties Employment agreements/restrictive covenants/unfair contest (regardless if employment related) Commercial existent manor not involving Yellowstone injunctions Business organisation transactions involving commercial banks or other financial institutions or lenders not involving an instrument for the payment of coin but Commercial insurance coverage or environmental insurance coverage Construction litigation Cases where the corporeality at issue is less than double the jurisdictional threshold for Commercial Division cases pending in Westchester Canton Supreme Court Any case which does not fall into the list of cases above, but where all parties request arbitration, or where the Court directs the example to get to mediation in the exercise of the Court's discretion
Differentialed Instance Direction Parts          rules Civil Instance Management Parts new rules constructive 12/vi/21	Personal injury actions including motor vehicle accidents, involving claims or insurance coverage of $50,000 or less Collection cases involving claims of $50,000 or less Breach of contract actions related to home improvement or real estate matters involving claims of $50,000 or less Subrogation matters seeking recovery of $25,000 or less Partition actions Whatsoever case which does not autumn into the list of cases above, simply where all parties request mediation, or where the Courtroom directs the case to go to arbitration in the practice of the Courtroom'south discretion
Matrimonial rules	Matrimonial deportment without children Matrimonial actions with children and parents are W-ii employees Whatsoever example where the parties asking mediation	Matrimonial actions, involving allegations of domestic violence, cases involving child abuse or neglect (as defined in Family Court Act s1012(e) and (f) and Social Services Law s412), domestic violence, or a severe power imbalance between the parties and/or where temporary or permanent orders of protection have been issued

SURROGATES Court

SURROGATE COURT
Canton	Instance Type	EXCLUSIONS
Rockland Rules	Simple estate disputes with $50,000 or less in dispute
Westchester Rules	All proceedings are eligible for arbitration and may, at the Surrogate'south discretion, be referred to mediation The Surrogate may refer parties to other forms of mediation including settlement conferencing	Cases with public administrator

Family Court

FAMILY Courtroom
COUNTY	Case Blazon	EXCLUSIONS
District-Wide rules	Permanency Selected child welfare matters which include local Section of Social Services and Respondent parents or caregivers, their advocates and families, the Attorney for the Child(ren), foster parents or service providers
Dutchess rules	Custody/visitation/guardianship cases, including modification and/or enforcement of custody/visitation/guardianship Termination of parental rights cases for permanency planning Any cases which do not autumn into the list of cases in a higher place, simply where all parties request mediation, or where the Court directs the case to go to mediation in the do of the Courtroom's discretion	Any case in which there is an active temporary or permanent stay away club of protection involving the parties or an active child protective services investigation Cases in which at that place is a history of or ongoing domestic violence, but where there is currently not an active stay away order of protection may be deemed inappropriate for mediation
Putnam rules	Custody and visitation cases Person in Need of Supervision (PINS) cases Whatever appropriate case where parenting bug are present	Cases where there is a history of domestic violence, or where the intake or screening process flags potential ongoing domestic violence that has not been reported Cases where in that location are consummate "stay-away" orders of protection in place Abuse and Neglect cases or similar matters where CPS is investigating Cases where one party has a lengthy or violent criminal history
Orangish rules	Custody and visitation cases Child support cases Certain Person in Need of Supervision (PINS) Cases (parent/child mediation)	The following actions shall non be referred to mediation except upon consent of all parties or upon motion of the Court Objections from rulings of the Support Magistrate Abuse and/or Fail petitions Paternity proceedings Habeas Corpus and Writs Family unit Offense petitions Juvenile Delinquency petitions
Rockland rules	Initial custody/visitation cases, with no prior court activity/history Initial custody/visitation/guardianship cases with prior case history in either Supreme or Family Court Modification/violation of custody/visitation order cases with prior history in either Supreme or Family unit Court Effective 9/1/20: kid support modification/enforcement (non-willful) proceedings Constructive 9/one/xx: Relocation cases
Westchester rules	Custody/visitation/guardianship cases, including modification and/or enforcement Termination of Parental Rights (Permanency Arbitration) Whatsoever cases that do not fall into the list of cases in a higher place, but where all parties asking and consent to participate in mediation, or where the Court directs the example to go to mediation in the practice of the Court's discretion	Any cases in which there is an agile temporary or permanent "stay-abroad" guild of protection involving the parties or an active child protective services ("CPS") investigation

CITY Courtroom

CITY COURT Rules
COUNTY	CASE Type	EXCLUSIONS
Dutchess Orange Westchester	Regular Civil Claims seeking money amercement in backlog of $6,000 Whatever case where both parties request mediation	Actions involving allegations of domestic violence or a astringent power imbalance between the parties and/or where temporary or permanent Orders of Protection have been issued are not advisable for referral to the Program. Cases will be screened to avoid inappropriate referrals

Community Dispute Resolution Centers

You may seek the services of a Community Dispute Resolution Middle (CDRC), which offers free and low-cost arbitration. In that location is a CDRC for every county in New York State. They can mediate court cases, too as disputes that are not in court. Many CDRCs offer virtual arbitration. If a court refers your instance to mediation, consult first with the referring courtroom about your options: in some courts and in some case types, mediation services may be free of charge. More than information and a link to your local CDRC can be establish here: http://ww2.nycourts.gov/ip/adr/ProgramList.shtml.

Definitions

Alternative Dispute Resolution (ADR): ADR stands for alternative dispute resolution – a diversity of processes that help parties resolve their dispute without a trial. ADR may too refer to appropriate dispute resolution, referring to a number of processes that can be used to resolve a conflict, dispute, or claim.

Mediation: Arbitration is a process where disputing parties agree that one or several individuals --- the arbitrators --- can make a decision most the dispute after receiving evidence and hearing arguments.

Community Dispute Resolution Center (CDRC): The New York Country Unified Courtroom System partners with local non-profit organizations known as CDRC's to provide mediation, arbitration, and other dispute resolution options as an alternative to court. CDRC's help litigants resolve a broad range of family unit and betrothed courts disputes involving parents and children as well as kid custody and visitation issues.

Arbitration: Arbitration refers to a confidential dispute resolution process in which a neutral tertiary party --- the mediator -- helps parties identify issues, analyze perceptions, and explore options for a mutually acceptable result. o Mediator: A trained 3rd party neutral. The Mediator is non a decision maker. The Mediator serves as a neutral facilitator of communication and helps the litigants reach resolution of the event(southward) being mediated.

Office: A part shall mean whatsoever branch of court so designated by Administrative Rule or any Supreme Court IAS Justice, Acting Justice, Family Court Estimate, Surrogate Judge or Judicial Hearing Officer presiding over the matter assigned.

Presumptive ADR: In a presumptive Culling Dispute Resolution (ADR) referral model, parties are referred early on to utilise some form of ADR such every bit arbitration, mediation, neutral evaluation, settlement conferencing or a special masters.

Neutral Evaluation: Neutral evaluation is an ADR process where the case is referred to an practiced, usually an attorney, who is asked to provide a counterbalanced and unbiased evaluation of the dispute.

Settlement Conferencing: Settlement conferences are similar to arbitration in that a third-political party neutral assists the parties in exploring settlement; however, these conferences are usually conducted by a judge or court staff and more often than not focus on the attorneys and their legal arguments.

Special Masters: Special primary are experienced neutrals who can assist judges with effective example management, play a role in technologically complex disputes, assist with discovery oversight and direction, facilitate resolution amid parties or co-parties, and bear mini-trials upon consent of the parties.

Summary Jury trials: A summary jury trial is a 1-day trial in which attorneys for each political party nowadays a shortened version of the case in a real courtroom earlier a jury.

Forms

Mediation Awarding for Permanency Mediation Program

Mediation Fee Agreement

Mediation Social club of Reference

Mediation Opt-Out Form/Courtroom Order

Mediation Participant Statement of Understanding

Arbitration Selection course

Referral to Permanency Mediation Class

Study of Mediator Form

Westchester County Preliminary Conference Stipulation

Westchester County Confidential Arbitration Report

Westchester County Presumptive ADR Stipulation and Order of Reference

Post Mediation Survey

Dutchess County Family Courtroom and Supreme Courtroom – Matrimonial

Dutchess Canton Supreme – Commercial Contract

Dutchess County Supreme – Tort

Dutchess Canton Surrogate's Courtroom

Orangish County Family Court and Supreme Court – Betrothed

Orangish County Supreme – Commercial Contract

Orange County Supreme – Tort

Orangish County Surrogate's Court

Putnam County Family unit Court and Supreme Court – Matrimonial

Putnam County Supreme – Commercial Contract

Putnam County Supreme – Tort

Putnam Canton Surrogate'south Court

Rockland County Family Court and Supreme Court – Matrimonial

Rockland County Supreme – Commercial Contract

Rockland County Supreme – Tort

Rockland Canton Surrogate's Court

Westchester County Family Court and Supreme Court – Betrothed

Westchester County Supreme – Commercial Segmentation

Westchester County Supreme – General Civil

Westchester County Surrogate's Court

Frequently Asked Questions

Right to Counsel/Right to Assigned Counsel (where app): Parties accept a right to accept an attorney present with them during mediation. Attorneys are strongly encouraged to prepare clients for arbitration sessions and assist with drafting agreements. Parties do non need to agree to anything in mediation without outset speaking with an attorney.

Who Tin attend? When parties take lawyers, some forms of alternative dispute resolution (ADR) might involve only the lawyers. If the people involved in the example wish to participate in ADR or the court asks them to take part, they will always be allowed to bring their lawyer.

People can ever ask to stop the ADR session so they take time to talk to a lawyer or have a lawyer assigned.

ADR can be very flexible and customized. So every bit long every bit everyone agrees, there are many ways that other people, who are not parties in the case or the lawyers could as well be invited to join in an ADR session.

When will I get referred to a Presumptive ADR session? Parties may be referred at any time to ADR but one of the goals of the Presumptive ADR Program is to refer cases earlier rather than later in order to limit financial and emotional costs and reduce backlog. This might mean that your case could exist referred to some type of ADR at the preliminary briefing or before all-encompassing discovery takes place. Each courtroom makes this determination based on the case blazon and the resources available.

What notice will I receive? Some courts have begun to notify parties that they are to nourish an ADR session past a written order; other courts are orally directing parties to mediation or some other form of ADR and sometimes your local Community Dispute Resolution Center may achieve out to yous by email or telephone at the request of the courtroom. Again, this determination is fabricated by each courtroom based on case blazon and the resources available.

Whom do I contact to confirm when and where to appear or with questions? Parties should refer to the Referral Club, if whatever; or contact the assigned/appointed mediator; their attorney, if whatsoever; or the Function of the Presiding Guess that referred the affair to mediation.

How Is Language Access for those who do not feel comfortable working in English handled? Parties or their attorney, should notify their Attorney, if any, or the Court referring the matter to mediation, or notify the mediator. Parties may retain a private interpreter or use a service e.1000. Linguistic communication Line (www.languageline.com; (800) 752-6096).

Are there exceptions to participation in Mediation? ADR Generally? See Chart above

COST? That depends on the issues and on you and the other party. Mediators on the Court Roster take agreed to provide the first 90 minutes of arbitration free of charge. Some mediation providers may offer boosted, costless mediation services to qualifying couples, others may offer a sliding fee scale. Community Dispute Resolution Centers charge a nominal (minor) administrative fee.

Who is delivering the service: Judges, Court Attorney Referees, Judicial Hearing Officers, Law Clerks, Court Attorneys, private attorneys, roster members, CDRC

Roster of Mediators

ADR Roster of Mediators—either a link to the local roster or if a link to a statewide maintained database, if we become that road; Parties and/or Attorney may select a mediator from the ninth JD Roster.

Statewide Mediator Directory

Rules

Supreme Courtroom

• Dutchess
• Putnam
• Orange
• Rockland
• Westchester
  • Neutral Evaluation Programme
  • Commercial Division
  • Betrothed

Surrogate Court

• Rockland
• Westchester

Family Court

• 9th JD Permanency Planning Arbitration
• Dutchess
• Putnam
• Orange
• Rockland
• Westchester

City Court

• 9th JD Rules

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Source: https://ww2.nycourts.gov/courts/9jd/ADR.shtml

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