The New York ADR Initiation Form is a document used by parties involved in a dispute to initiate Alternative Dispute Resolution (ADR) proceedings in the state of New York. This form provides the necessary information to the ADR provider so that the ADR proceedings can be properly initiated. The form includes information such as the identity of the parties, the nature of the dispute, the ADR process being used, the name of the ADR provider, and any other information requested by the provider. There are two types of New York ADR Initiation Form: one required for arbitration proceedings and one for mediation proceedings. The arbitration form includes information about the dispute, the parties involved, the type of arbitration process to be used, the name of the arbitrator, and any other information requested by the provider. The mediation form includes the same information as the arbitration form as well as additional information such as the name of the mediator and the mediation process being used.
New York ADR Initiation Form
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FAQ
ADR schemes are independent bodies that carry out an impartial assessment on complaints between a customer and a provider, and reach a decision based on the information submitted by both parties. ADR schemes are free to use.
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.
The most important ADR program requirement is fairness. Generally, an ADR program is fair if it is voluntary, confidential, enforceable by the parties (if an agreement is reached), and led by a neutral person, like a mediator, who has no personal interest in the dispute.
The contract may also state that parties need to engage in mediation prior to issuing a claim in the Courts. In both of these examples it can be said that ADR is compulsory, as these are contractual terms agreed by the parties.
You won't always have to attend a hearing. Some ADR schemes are legally binding. This means that you won't be able to take your case to court if you accept the decision from ADR but later change your mind.
Federal regulations require agencies to establish or make available an Alternative Dispute Resolution (ADR) Program for both the pre-complaint and the formal equal employment opportunity (EEO) complaint processes.
No. Mediation is voluntary. A case will only be referred to OMCR if all parties agree to mediate and the Law Enforcement Bureau (?LEB?) agrees the case is appropriate for mediation.