Private ADR
There are many private ADR practitioners throughout the state, providing services which cover the entire ADR continuum. Many of these practitioners belong to organizations dedicated to ADR, such as NYSDRA, which provide membership benefits; continuing education and training; public programs and other services. These organizations, both individually and collaboratively, have steadily raised public awareness and improved the quality of private ADR services.
Court-Annexed Programs
The New York State Unified Court System’s Office of Alternative Dispute Resolution Programs and Court Improvement (State ADR Office) is a unit within the Division of Court Operations, which is lead by State ADR Coordinator Daniel Weitz, Esq. The State ADR Office works with judges, court administrators and members of the bar to design dispute resolution programs that are responsive to the needs of the communities and court environments in which they operate.
Through the State ADR Office, many counties in New York State now have Supreme Court programs offering multi-option ADR; civil mediation; civil neutral evaluation; summary jury trials; civil arbitration; matrimonial mediation & neutral evaluation; and custody/visitation mediation.
In addition, at the Civil, City, District, Town and Village Court levels, the State ADR Office oversees programs involving both mandatory and voluntary arbitration; child custody, visitation and support mediation; parent-child and PINS mediation; and child permanency mediation.
Finally, the State ADR Office oversees the many Community Dispute Resolution Centers (CDRCs) throughout the state, established under Judiciary Law article 21-A (described below). CDRCs primarily mediate cases referred by local courts, private and public agencies, law enforcement and schools, but many also offer other dispute resolution services.
Every certified CDRC mediator must (a) complete a 30-hour initial mediation training conducted by a trainer who has been certified by the State ADR Office; (b) successfully complete an apprenticeship plan approved by the State ADR Office; and (c) complete at least 6 hours of continuing education each year. Advanced trainings are required for special case types such as parenting disputes; child support matters; and child permanency matters. In addition, the State ADR Office conducts ongoing professional trainings and development seminars such as domestic violence screeners’ trainings.
Information about the State ADR Office may be found at www.nycourts.gov/ip/adr/, or by contacting:
Daniel Weitz, Esq., Coordinator
NYS Unified Court System
25 Beaver Street
New York, NY 10004
(212) 428-2863
Fax: (212) 428-2696
NYSDRA’s membership is comprised of both private ADR practitioners and friends, as well as Community Dispute Resolution Centers.
ADR Legislation and Rules
A. Judiciary Law Article 21-A: Enacted in 1981, Judiciary Law Article 21-A (§§849-a through 849-g) established the Community Dispute Resolution Program (the Program), which is now a unit of the State ADR Office overseen by Mark Collins, Assistant ADR Coordinator. The program administers, funds, and oversees the state’s network of community-based, not-for-profit Community Dispute Resolution Centers. These centers serve as community resources where individuals can work with trained mediators and other ADR providers to discuss their interpersonal disputes and develop mutually agreeable solutions. Administrative rules for the program are set forth in New York Rules of Court Part 116 (22 NYCRR §§116.1 et seq.)
B. ADR-Related Rules: In addition to the above, the Civil Practice Law and Rules (“CPLR”) and the New York Rules of Court (“Uniform Rules”) contain several other provisions relating to ADR, including CPLR Article 75 (Agreements to Arbitrate); CPLR 3405 and Uniform Rules Part 28 (Alternative Method of Dispute Resolution by Arbitration); and Uniform Rules Part 137 (Attorney Fee Dispute Resolution Program).
Selected Current Issuaes in the ADR Field
A. Uniform Standards: With the exception of Community Dispute Resolution Centers, there are currently no uniform, statewide standards governing the practice of ADR in New York. As a result, it is sometimes difficult for disputants to make an educated choice regarding the type of ADR that would best suit their needs, and to gauge the quality of the services provided. NYSDRA is committed to the development of high uniform standards which would reflect the professional nature of the many ADR practitioners in the state, and is currently working on a comprehensive set of certification, ethics and standards requirements.
B. Unlicensed Practice of Law: Mediation is not the practice of law (see, ABA Section of Dispute Resolution: Resolution on Mediation and the Unauthorized Practice of Law, Adopted on February 2, 2002). However, as mediation often involves discussions of legal information, especially in areas of divorce and family issues, mediators must be vigilant with respect to charges of unlicensed practice of law. NYSDRA is committed to providing the highest quality of training to ADR practitioners, as well as accurate and informative education programs to others, which clarify the distinctions between the disciplines and assure the integrity of ADR.
C. Collaborations and Mergers: Along with the growth of ADR awareness in New York is a growth in the number of organizations dedicated to the field. It has become clear that the public will best be served if these organizations join forces and work together towards the common goal of furthering the development of ADR throughout the state. NYSDRA is committed to collaborating with other ADR organizations to strengthen the awareness and utilization of ADR practice.
APPENDIX:
SELECTED STATISTICS RELATING TO ADR
Court Cases
In 2006, 4.5 million filings were made in trial courts in New York State, 41% in criminal courts, 41% in civil courts, 15% in family court and 3% in surrogate courts.
Community Dispute Resolution Centers
In 2006, approximately 35,983 cases were handled statewide by mediation or another alternative dispute resolution process through Community Dispute Resolution Centers (as per Unified Court System Annual report). Of these cases, approximately 77% were resolved. Without limitation, these disputes ranged from minor criminal matters to breach of contract and child custody cases. The case figure includes 9,650 custody, visitation, or support cases, and 1,914 PINS (persons in need of supervision) cases. Single-hearing cases averaged 19 days from intake to disposition; complex cases requiring multiple sessions took 67 days.
Judicially-Annexed ADR
Statistics maintained by at least one judicially-annexed divorce mediation program indicate that approximately 55% of all amendable referrals are fully resolved in one to three mediation sessions (each session lasting approximately 2 hours); and that another 21% are partially resolved, limiting the issue requiring further judicial intervention (Orange County Supreme and Family Courts Divorce and Family Mediation Program).
Conclusion
NYSDRA has a great deal of respect for the hard work and dedication of the many fine judges in our court systems. However, often settlement agreements within the litigation process are reached through adversarial “position-based” bargaining, which causes concern to some experts in the field of conflict resolution.
The mediation process used by New York State Community Dispute Resolution Centers and Judicially-Annexed programs is based upon a form of facilitated, principled negotiation which addresses the concerns of these experts. As shown by the above statistics, mediation and other forms of ADR can be highly successful.
Additional Resources:
Legislative Activities
Position Papers
The Legislative Process/Meeting Your Legislator
2008 ADR Day - Legislative Meetings and Award Luncheon