The mission of the Mediation Program of the United States District Court for the Southern District of New York is to provide quality dispute resolution services at the earliest practicable stage. The program is comprised of mediators with a diverse range of experiences and backgrounds, who share the goals of providing parties with opportunities for supported negotiation, exploration of legal and factual issues, creative thinking, and settlement through mediation. The program is an educational resource for the bench, bar, and larger community about the uses and benefits of mediation and other dispute resolution processes. By creating subject-specific protocols, the program evolves in response to the Court's changing docket. The Mediation Program supports the continuing growth and development of professional mediators, and provides opportunities for observation, training, and evaluation for both experienced neutrals and those newer to mediation practice.
What is Mediation?
In mediation, all participants meet with a neutral third party (the mediator) who has been trained to facilitate confidential settlement discussions. Participants include attorneys, parties (whether or not they have a lawyer), and insurance representatives. The mediator assists the parties in reaching their own negotiated settlement by defining the issues, probing and assessing the strengths and weaknesses of each party's legal positions, and identifying areas of agreement and disagreement. The main benefits of mediation are that it can result in an expeditious and less costly resolution of the litigation, and can produce creative solutions to complex disputes often unavailable in traditional litigation.
At the U.S. District Court for the Southern District of New York the Mediation Program is governed by Local Civil Rule 83.9 and the Mediation Program Procedures. The Court periodically develops subject-specific case management and ADR protocols and currently has such protocols for: counseled employment discrimination (non-FLSA) cases, certain FLSA cases and certain § 1983 police misconduct claims.
FAQ
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I would like my case to be mediated through the Court's Mediation Program, how do I start?
If your case is not yet referred to mediation and you would like it to be, you must request a Mediation Referral Order from the judge assigned to your case.
Does the Court appoint counsel for pro se (unrepresented) litigants in mediation?
In certain cases the Court will appoint pro bono (free) counsel for pro se (unrepresented) parties only for mediation. Any requests for appointment of counsel should be made to the presiding judge. If you have questions about this process, you may refer to the Legal Assistance Clinic or contact the Mediation Office.
Mediators are randomly selected by the Mediation Office from a list of panel mediators who have the subject matter and/or mediation expertise that is relevant to a particular case.
Where do mediations take place?
Mediation sessions may take place in-person or via phone or video conference. In-person mediations may take place at the mediator's office, at the Courthouse, or at any other location agreed to by the mediator and the parties. Mediation rooms in the courthouses in Manhattan or White Plans are reserved by Mediation Office staff. Virtual mediation sessions may be arranged by the mediator, mediation participants, or the Mediation Office staff. Please contact the Mediation Office at least three weeks in advance of your scheduled mediation date if you would like to arrange a ZoomGov account for mediation.
Can I bring my cell phone/computer/electronic device into the Court for mediation?
Any attorney can present appropriate verification of membership of the bar of any state or federal court to bring in one cell phone. Attorneys who wish to bring in additional devices such as a tablet or computer must submit an Electronic Device Order. To ensure timely processing, these orders must be submitted to the Mediation Office at least 72 hours before the date of the mediation session.
If a participant does not speak English, does the Court provide interpreters for mediation?
The Court only provides interpreters for mediation when the plaintiff is the U.S. Government or when an interpreter is required in American Sign Language. Parties should contact the Mediation Office to request ASL interpreters as soon as a session is scheduled and at least six weeks in advance of the session. In some instances the Mediation Office may be able to locate a panel mediator who is able to mediate in languages other than English, as long as all mediation participants are also fluent in the language. Requests that the office attempt to find a panel mediator with specific language expertise should be made immediately after the parties are ordered to mediation.
Is there a transcript or can I record mediation sessions?
No. Mediation sessions are confidential. Any exceptions to confidentiality are detailed in the Mediation Program Procedures.
How do I reschedule a mediation?
Your first point of contact for rescheduling a mediation session is your assigned mediator, and you should contact them as soon as you know that you cannot mediate on the current date. Please inform the Mediation Office of the new date once confirmed. If scheduling mediation proves difficult with the mediator’s schedule, or for other reasons, the Mediation Office may be able to assist. When scheduling/rescheduling mediation please consider any relevant deadlines set by the judge.