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Mediator Qualifications Basic mediation course approved under Part 146.4(b)(1) Advanced mediation course approved under Part 146.4(b)(2) Additional training required for specific ADR programs. Recent experience mediating actual cases in the subject area of the types of cases referred to them.

In New York courts, parties are generally required to participate in mediation in ?good faith.? Failure to do so may warrant judicial sanctions stemming from the court's broad and inherent power to regulate proceedings before it, the applicable rules of procedure, and statutes.

Compliance and Enforcement The mediated agreement, however, is binding and fully enforceable in court if it satisfies the requirements for a contract. If a party fails to abide by the mediated agreement's terms, the other party has the choice to seek to enforce the agreement in the court system or re-mediate.

The Program is a mediation program. Neutrals meet with the attorneys and parties in Commercial Division cases, review the facts and legal issues presented by the case, and attempt to facilitate discussions between or among the parties and their attorneys and explore the possibility of settlement.

Voluntary participation and self-determination are fundamental principles of mediation that apply both to mediations in which the parties voluntarily elect to mediate and to those in which the parties are required to go to mediation in a mandatory court mediation program or by court order.

Mediation allows people in conflict to meet with a neutral, professional mediator to discuss their issues and get a better understanding of the situation. A mediator does not take sides or decide who is right or wrong and will work with you to find a path forward to resolve the conflict.