The Bronx New York Dispute Resolution Policy refers to the set of rules and regulations in place in the Bronx, New York, to address and resolve conflicts and disputes between parties. This policy aims to provide a fair and efficient process for resolving disputes outside traditional court proceedings. By using alternative dispute resolution methods, the Bronx New York Dispute Resolution Policy encourages parties to find mutually agreeable solutions and avoid costly and time-consuming litigation. There are different types of dispute resolution policies available in the Bronx, New York, designed to accommodate the diverse needs and preferences of the parties involved. These policies may include: 1. Mediation: Mediation is a type of dispute resolution where a neutral third-party mediator assists the parties in facilitating communication, understanding, and negotiation. The mediator does not make decisions but guides the parties towards an agreement. 2. Arbitration: Arbitration entails presenting the dispute to one or more impartial arbitrators who make a binding decision. This process is less formal than a court trial and offers parties a quicker resolution. 3. Collaborative Law: Collaborative law is a relatively new approach to dispute resolution. It involves the parties working together with their attorneys in a cooperative manner to reach a settlement. If negotiations fail, the collaborative attorneys withdraw, and the case may proceed to litigation. 4. Dispute Review Boards: Dispute review boards (Dubs) are commonly used in construction projects. They consist of experienced professionals who evaluate disputes and provide recommendations or non-binding opinions to assist the parties in resolving issues. 5. Court-Annexed Mediation: As an adjunct to the traditional court system, court-annexed mediation allows parties to mediate their disputes with the help of a mediator assigned by the court. The court may also require parties to attempt mediation before scheduling a trial. The Bronx New York Dispute Resolution Policy acknowledges that disputes can arise in various fields, including business, real estate, construction, family matters, and community disputes. It recognizes the importance of empowering parties to actively participate in resolving their disputes through the application of appropriate dispute resolution methodologies. The policy aims to enhance access to justice, reduce the burden on the courts, and promote peaceful resolutions.
Bronx New York Dispute Resolution Policy
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FAQ
Dispute resolution processes fall into two major types: Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome. Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.
There are many types of dispute resolution processes, but arbitration; mediation; and negotiation are the three most common types of alternative dispute resolution. Negotiation is the least formal type of ADR.
Mediation is a voluntary process. The courts encourage parties to reach an agreement without proceeding to a final hearing and if one party refuses, they may be penalised by a Judge if settlement was possible without attending court.
I typically advise parties to schedule no less than about four to five hours. Oftentimes, this process can take longer than people anticipate. So the safest option is set aside at least four or five hours, and perhaps a full day.
In short, mediation is not compulsory, and if there are safety issues or other concerns, you may also be exempt from a MIAM. What partly makes mediation so effective is that it is voluntary and making it compulsory would take away this advantage.
There is no New York or federal statute that creates a mediation privilege or guarantees confidentiality with the sole exception of McKinney's Judiciary law § 849-b, which prohibits disclosure of a mediator's writings and files, but only applies to community dispute resolution centres, not courts.
While the two most known forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. Negotiation allows the parties to meet in order to settle a dispute.
Although parties are not compelled to resolve their appeals by settlement, parties and their counsel are required to attend mediation sessions; and. Parties may not arrogate unto themselves the authority to dispense with a mediation session or to render such sessions nugatory by refusing to appear and participate.
Learn about the methods we use to resolve disputes arbitration, mediation, conciliation and case appraisal.
The most common ADR methods are negotiation, mediation, conciliation, arbitration, and private judging.
