The New York Guide to the Alternative Dispute Resolution Program (rev. 2/2013) is a comprehensive guide to the alternative dispute resolution (ADR) process in New York State. It provides an overview of ADR options and a step-by-step guide on how to choose the best ADR method for a particular dispute. The guide covers topics such as the different types of ADR available (mediation, arbitration, collaborative law, and ombudsman services), the advantages and disadvantages of each, and the procedures for initiating and concluding the process. It also contains detailed information on the New York State Unified Court System's ADR programs, including the New York Dispute Resolution Program, the New York City Dispute Resolution Program, and the New York State Supreme Court ADR Program. Finally, the guide includes information on the resources available to assist individuals and organizations in the ADR process, such as mediators, arbitrators, and ombudsmen.
New York Guide to the Alternative Dispute Resolution Program (rev. 2/2013)
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FAQ
It is the policy of the Unified Court System to encourage the resolution of civil legal disputes by methods including mediation, arbitration, neutral evaluation, in-court settlement practices and summary jury trials.
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.
Guiding principles for alternative dispute resolution Value. Accessibility and flexibility. Confidentiality. Custody of the process. Impartiality. Voluntary self-determination.
Types of ADR. The most common types of ADR for civil cases are mediation, settlement conferences, neutral evaluation, and arbitration.
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.
Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings. ADR often saves money and speeds settlement. In mediation, parties play an important role in resolving their own disputes.
You may seek the services of a Community Dispute Resolution Center (CDRC), which offers free and low-cost mediation. There is a CDRC for every county in New York State. They can mediate court cases, as well as disputes that are not in court. Many CDRCs offer virtual mediation.