The Commercial Division Advisory Council has proposed that the court adopt a pilot program for New York County’s Commercial Division that would send every fifth newly assigned case to mediation unless the parties stipulate otherwise or one party makes a good cause showing that mediation would be ineffective or unjust.  A copy of the proposal is available here.

The pilot program is described as “fairly conservative” and flexible in the December 11, 2013 proposal.  The program is purportedly conservative because it only mandates that one of every five cases be sent to mediation.  If adopted, the program allegedly will be flexible because it (a) allows the parties to opt-out or attempt to do so and (b) would permit the parties to select their own mediator (or request one from the neutrals roster).  The proposal would, however, require completion of mediation within 180 days from the assignment of the case to a Commercial Division Justice.

The pilot program, recommended by the Commercial Division Advisory Council, is designed to streamline dispute resolution in New York’s “heavily burdened” commercial courts.

Read more [HERE].