New York Mediation Disposition Report

State:
New York
Control #:
NY-SF-60
Format:
PDF
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Description

Mediation Disposition Report

The New York Mediation Disposition Report is a document used to report the results of a mediated dispute in the state of New York. This document is typically used in civil cases in which two or more parties are attempting to resolve a disagreement without proceeding to court. The report contains details of the parties involved, the mediator, the issues discussed, and any agreement reached at the conclusion of the mediation. It may also include recommendations for possible future action. There are two main types of New York Mediation Disposition Reports. The first is an Unconditional Report, which is signed by all parties involved in the mediation. It is used to document the agreement reached at the conclusion of the mediation and the terms of the settlement. The second type of report is a Conditional Report, which is signed by only one of the parties involved in the mediation. This type of report states that the terms of the proposed agreement are subject to change or approval by the court.

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FAQ

If you are experiencing a conflict in any area of your life, you can get free and confidential assistance from a professional mediator. Mediation can help you resolve conflict in areas such as: Disputes between landlords and tenants about rent and repairs. Complaints between neighbors about noise or harassment.

Of particular note, New York does not recognize a mediation privilege.

Some of the statutory exceptions include (1) when disclosure is necessary for criminal prosecution; (2) when necessary to prove coercion or fraud that led to the mediated settlement; (3) in order to establish the existence or terms of a settlement agreement; and (4) when necessary to impose sanctions or to discipline

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.

As a general rule, mediation communications are privileged and not subject to discovery or admissible in evidence in a proceeding unless waived by all the parties to a mediation, as well as the mediator and the third party participants.

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.

The Program is a mediation program. Neutrals meet with the attorneys and parties in Commercial Division cases, review the facts and legal issues presented by the case, and attempt to facilitate discussions between or among the parties and their attorneys and explore the possibility of settlement.

Yes. A settlement reached through mediation, and set forth in an agreement, permit or formal order, is binding. Whether it is an agreement, a formal order, order on consent, or a decision of DEC that relates to permitting or an enforcement action, you will be liable if you fail to abide by its terms.

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New York Mediation Disposition Report