Can I use ADR if I am already in trial, litigation or administrative proceedings?
That depends, but the answer is yes, if the other side is willing.
- If you have a case already in court, you may want to discuss mediation and other alternative dispute resolution options with your lawyer. If you need help finding a lawyer, you may want to visit CourtHelp or call your local bar association.
- If you don’t have a lawyer and you are interested in resolving your dispute through mediation, ask court staff for a referral. Free or reduced-fee mediation services may be available in the courthouse where you have a case or through your local Community Dispute Resolutions Program.
- Small Claims
- Supreme Court (Divorce/Personal Injury)
- Criminal, see also New York Peace Institute
- Family – The Collaborative Family Law Center which serves divorcing couples throughout New York City.
Collaborative Family Law Center
80 Centre Street, Room 133
New York, NY
- Collaborative Family Law is a problem-solving process that gives divorcing parties and their lawyers a way to end a marriage and restructure families without the stress, delay, and expense of litigation.
- Collaborative family law is founded on three principles:
- a pledge not to litigate disputes in court;
- an honest, voluntary, prompt, and good-faith exchange of relevant information without formal discovery; and
- a commitment to strive for solutions that take into account the highest priorities of both parties and their children.
- Although the lawyers share a commitment to collaborative law principles, each lawyer has a professional duty to represent his or her own client diligently, and is not the attorney for the other party.
- Appellate – Civil Appeals Management Plan (CAMP) conferences – mandatory conferences.
Yes, the federal government provides general information on ADR:
- In federal district court:
- Eastern District of New York
- Southern District of New York
- The Second Circuit Court of Appeals uses CAMP conferences which are intended to provide a forum for resolution of disputes without court action
- In U.S. Bankruptcy Court, the Southern District of New York Bankruptcy Court provides a set of procedures regarding the governing of mediation