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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.

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.

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.

Compliance and Enforcement So parties who construct their own agreement usually don't need a court's enforcement powers. The mediated agreement, however, is binding and fully enforceable in court if it satisfies the requirements for a contract.

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.

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.