The New York Roster of Neutrals is a service provided by the Commercial Division of the New York State Supreme Court. It is an official list of qualified neutrals who are available to provide arbitration and mediation services for commercial disputes. The roster is maintained and updated by the court, and comprises highly experienced and qualified neutrals from a wide range of backgrounds. These neutrals include experienced business people, attorneys, retired judges, and other qualified professionals. The roster is divided into two categories: “Arbitrators” and “Mediators.” Arbitrators are neutrals who are appointed by the court to resolve disputes through a binding decision. Mediators are neutrals who are appointed by the court to help parties reach an amicable settlement through alternative dispute resolution (ADR) techniques. Neutrals on the New York Roster of Neutrals are carefully selected and must meet certain criteria, including experience, education, and qualifications.
New York Roster of Neutrals
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FAQ
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.
The Commercial Division of the Supreme Court in Queens County promotes the use of alternative dispute resolution (ADR) methods, and mediation in particular, to encourage the early resolution of commercial matters and avoid protracted litigation.
If a case is selected for mediation, mediation is mandatory; in exceptional cases (and for good cause shown), counsel may request that the case be removed from the Mediation Program.
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 term alternative dispute resolution (ADR) means any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation.
Of particular note, New York does not recognize a mediation privilege.
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.
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.