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If one or both parties don't wish to use mediation, the Civil Procedure Rules state that the court has power to impose sanctions on a party, including a stay on proceedings, interest and cost penalties. The courts have imposed harsh cost consequences on those parties who have unreasonably refused to mediate.

If you decline the invitation to mediation and the case goes to court, the judge or magistrates are quite likely to ask you why you did not attend mediation. If you do not have a good reason for declining, it could reflect badly on you at court.

You don't have to go to mediation, but if you end up having to go to court to sort out your differences, you normally need to prove you've been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you.

The New York County Supreme Court offers parties access mediation and other ADR services in matrimonial, general civil, and commercial law disputes. This court is dedicated to providing innovative and varied alternatives to litigation which might be more in line with litigants' needs and goals than a trial.

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.