New York
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in New York. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in New York can be found in RSI’s Research Library and in Reports below.
State Legislation
- Laws of New York - Judiciary, Artilce 2, Section 39-a: Mediation
- Laws of New York - Judiciary, Article 21-A: New York Community Dispute Resolution Centers Program
Statewide Court ADR Rules and Policies
- Standards of Conduct for New York State Community Dispute Resolution Center Mediators
- New York Rules of the Chief Judge: Part 28 - Alternative Method of Dispute Resolution by Arbitration
- New York Rules of the Chief Administrative Judge: Part 116 - Community Dispute Resolution Centers Program
- New York State Unified Court System Uniform Rule 146 - Guidelines for Qualifications and Training of ADR Neutrals Serving on Court Rosters
- New York Commercial Division Court Rules Section 202.70: Rules of the Commercial Division of the Supreme Court
State Office of Court ADR:
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Laws of New York - Judiciary, Article 2, Section 39-a: Mediation
New York State Legislature. Jan. 1, 2005Resource Type: Legislation
Abstract: Under this law, if the chief administrator of the courts determines that a political subdivision has ceased or failed to provide goods, services, and facilities of a specified value, he or she may not notify the state comptroller unless the chief exe...
Laws of New York - Judiciary, Article 21-A: New York Community Dispute Resolution Centers Program
New York State Legislature. Jan. 1, 1970Resource Type: Legislation
Abstract: This article establishes the Community Dispute Resolution Centers Program, which provides funds through the courts to community dispute resolution centers that meet certain requirements. The chief administrator of the courts is tasked with administer...
Rules
New York Commercial Division Court Rules Section 202.70: Rules of the Commercial Division of the Supreme Court
New Your Commercial Division . Jan. 1, 2019Resource Type: Rules - Court
Abstract: These are the statewide rules for the New York Supreme Court Commercial Division. Rules 3, 10, and 11 of these rules address alternative dispute resolution. Rule 3 states that during any stage of a commercial proceeding, the court may appoint an un...
Standards of Conduct for New York State Community Dispute Resolution Center Mediators
The New York State Office of Alternative Dispute Resolution Programs. Jan. 1, 2009Resource Type: Standards - Court
Abstract: These standards of conduct were created by the New York State Office of Alternative Dispute Resolution Programs and have been adapted from the American Arbitration Association, the American Bar Association Section of Dispute Resolution and the Associ...
New York State Unified Court System Uniform Rule 146 - Guidelines for Qualifications and Training of ADR Neutrals Serving on Court Rosters
Chief Administrative Judge of the Courts. Jun. 18, 2008Resource Type: Rules - Court
Abstract: These guidelines establish qualifications and training throughout the state for mediators and neutral evaluators serving on court rosters. In order to be eligible for appointment to a court roster, a neutral must have competed training and have suffi...
New York Rules of the Chief Administrative Judge: Part 116 - Community Dispute Resolution Centers Program
New York State Unified Court System. Feb. 2, 1982; amended Nov. 1, 1986Resource Type: Rules - Court
Abstract: These rules provide guidance in determining which centers are chosen for the Community Dispute Resolution Centers Program in New York. The rules outline the eligibility criteria to become a Community Dispute Resolution Center and describe application...
New York Rules of the Chief Judge: Part 28 - Alternative Method of Dispute Resolution by Arbitration
New York State Unified Court System. Sept. 14, 1970; amended May 12, 1992Resource Type: Rules - Court
Abstract: This rule authorizes the Chief Administrator to establish an arbitration program for civil cases in any trial court in any county in New York. Under these rules, the Chief Administrator assigns an arbitration commissioner in the counties where a prog...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
New York Community Dispute Resolution Centers Program 2008-2009 Annual Report
Office of Alternative Dispute Resolution Programs. Sep. 22, 2009Resource Type: Report
Abstract: This report describes the work of the New York Community Dispute Resolution Centers Program (CDRCP) from April 1, 2008, through March 31, 2009. In 2008-2009, the centers mediated or utilized other dispute resolution processes for 21,550 cases, of whi...
An Analysis of Diversity Trainings in United States Community Mediation Centers
Warren, Naomi. Sep. 1, 2009Resource Type: Study
Abstract: In 2009, the Dispute Resolution Center in Ann Arbor, Michigan conducted a study in cooperation with the State Court Administrative Office of Michigan to analyze "diversity trainings at community mediation centers across the country" (p.2). The study ...
New York Community Dispute Resolution Centers Program 2007-2008 Annual Report
Office of Alternative Dispute Resolution Programs. Dec. 15, 2008Resource Type: Report
Abstract: This report describes the work of the New York Community Dispute Resolution Centers Program (CDRCP) from April 1, 2007 through March 31, 2008. In 2007-2008, 20,612 mediations and other dispute resolution processes took place, with custody/visitation/...
New York Community Dispute Resolution Centers Program 2005-2006 Annual Report
Office of Alternative Dispute Resolution Programs. Oct. 16, 2006Resource Type: Report
Abstract: This report describes the work of the New York Community Dispute Resolution Centers Program (CDRCP) from April 1, 2005 through March 31, 2006. In 2005-2006, 21,886 mediations, conciliations and arbitrations took place, and 79 percent of cases mediate...
New York Community Dispute Resolution Centers Program 2004-2005 Annual Report
Office of Alternative Dispute Resolution Programs. Nov. 1, 2005Resource Type: Report
Abstract: This report describes the work of the New York Community Dispute Resolution Centers Program (CDRCP) from April 1, 2004, through March 31, 2005. In 2004-2005, 23,635 mediations, conciliations and arbitrations took place with 79 percent of cases mediat...
New York Community Dispute Resolution Centers Program 2003-2004 Annual Report
Office of Alternative Dispute Resolution Programs. Sep. 30, 2004Resource Type: Report
Abstract: This report describes the work of the New York Community Dispute Resolution Centers Program (CDRCP) from April 1, 2003, through March 31, 2004. In 2003-2004, 29,292 mediations, conciliations and arbitrations took place involving 68,808 individuals, w...
Court-Annexed ADR in New York State: Interim Report of the Chief Judge's New York State Court Alternative Dispute Resolution Project
Office of ADR and Court Improvement Programs. Jan. 1, 2003Resource Type: Report
Abstract: This report gives an overview of the various court-annexed ADR programs that exist in New York, compiled from a survey of the state courts. The report includes charts specifying the number of cases each ADR program handled in 2002, divided by court d...
New York Community Dispute Resolution Centers Program 2002-2003 Annual Report
Office of Alternative Dispute Resolution Programs. Jan. 1, 2003Resource Type: Report
Abstract: This annual report for 2002-2003 is for the Community Dispute Resolution Centers Program in New York state. It describes the activity for all community dispute resolution centers throughout the state, and includes certification standards for mediator...
New York Community Dispute Resolution Centers Program 2001-2002 Annual Report
Office of Alternative Dispute Resolution Programs. Sep. 30, 2002Resource Type: Report
Abstract: This report describes the work of the New York Community Dispute Resolution Centers Program (CDRCP) from April 1, 2001 through March 31, 2002. The report discusses the work of centers throughout the state, and includes certification standards for med...
New York Community Dispute Resolution Centers Program 2000-2001 Annual Report
Office of Alternative Dispute Resolution Programs. Jan. 1, 2001Resource Type: Report
Abstract: This report describes the work of the New York Community Dispute Resolution Centers Program (CDRCP) from April 1, 2000 through March 31, 2001. It describes the activity for all community dispute resolution centers throughout the state, and includes c...
"There Are No Victimless Crimes": Community Impact Panels at the Midtown Community Court
Campbell, Robin. Jan. 1, 2000Resource Type: Evaluation
Abstract: This paper describes a program in New York City that uses community impact panels to educate those found guilty of such "victimless crimes" as public urination and solicitation about the effect of their actions on the community. In the program, offen...
New York Community Dispute Resolution Centers Program Annual Report for Fiscal Year 1998-1999
Jan. 1, 1970Resource Type: Report
Abstract: This annual report for 1998-1999 is for the Community Dispute Resolution Centers Program in New York state. It describes the activity for all community dispute resolution centers throughout the state, and includes certification standards for mediato...
An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act
Kakalik, James S.. Jan. 1, 1996Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: Examines the implementation, costs, and effects of mediation and early neutral evaluation programs for civil cases in six federal district courts with CRJA pilot programs. The districts studied were: California (Southern), New York (Eastern), New Yor...
New York Community Dispute Resolution Centers Program 2006-2007 Annual Report
Office of Alternative Dispute Resolution Programs. Jul. 1, 2007Resource Type: Report
Abstract: This report describes the work of the New York Community Dispute Resolution Centers Program (CDRCP) from April 1, 2006 through March 31, 2007. In 2006-2007, 19,674 mediations, conciliations and arbitrations took place, and 77 percent of cases mediate...
Contacts
Institute of Judicial Administration
Resource Type: Organization
Abstract: This organization works at continuously improving the administration of justice in the state and federal courts. It describes itself as a 'non-partisan educational and research organization.' One of the main activities of the Institute is an annual s...
New York Office of Alternative Dispute Resolution and Court Improvement Programs
New York State Unified Court System.Resource Type: Organization
Abstract: The Office of Alternative Dispute Resolution and Court Improvement Programs (ADRCIP) offers a variety of services, including court-connected ADR programs, a Community Dispute Resolution Centers Program, an Attorney-Client Fee-Dispute Program and a Co...
New York Society for the Prevention of Cruelty to Children
New York Society for the Prevention of Cruelty to Children. Jan. 1, 1875Resource Type: Organization
Abstract: The New York Society for the Prevention of Cruelty to Children was established in 1875 and currently works with the New York City Family Court to provide Child Permanency Mediation and Child Custody and Visitation Mediation programs. The Child Perman...
New York State Dispute Resolution Association
New York State Dispute Resolution Association. Jan. 1, 1985Resource Type: Organization
Abstract: The New York State Dispute Resolution Association is a non-profit organization made up of community dispute resolution centers and individual practitioners. It manages consumer mediation and arbitration programs for state agencies, provides professio...