Selecting a Mediator

Parties may choose to either use a mediator from the court’s panel of over 200 mediators or a private mediator. All EDNY panelists have been members of a state bar for 5 years or more, have been trained in mediation, and have been interviewed and screened by the court. EDNY mediators serve pro bono, and will therefore not ask for any form of compensation. A list of EDNY panel members can be found at www.nyed.uscourts.gov/adr. Parties may also seek the services of a neutral ADR organization, an ADR firm, or a private mediator. Compensation of mediators not on the EDNY panel is determined by agreement among the counsel and the mediator.

At the Mediation

Mediations are usually scheduled for 10:00 am, and can be held in any mutually agreed upon location, although, to promote neutrality, meeting in one of the Eastern District courthouses or the mediator’s office is preferable to meeting in a party’s or party’s counsel’s office. The length of the mediation depends on the mediator, the parties, and the complexity of the case. Although the average time for a mediation session is between five and six hours, some last as long as fifteen hours, so it is advisable to schedule an entire day for the process.

At the mediation session, all participants will be asked to sign a confidentiality agreement as required by Local Civil Rule 83.11.

Is the Mediation Binding on the Parties?

Although the parties are not bound to settle through the process of mediation–no mediator can force the parties to take a certain position or accept a proposed settlement–, the parties will be bound by any agreement they reach. These agreements must be memorialized in writing before leaving the session.

Electronic Filing

When a case has been referred to mediation, counsel are required to update the status of the case through the courts electronic filing system ECF. Counsel must update ECF upon selection of a mediator (within two weeks of a case’s referral to mediation) with the name and contact information of the mediator and the time, date, and location of the mediation. After the mediation is completed, counsel must file with ECF indicating whether the case is settled or unsettled and they must complete a written questionnaire to be sent to the ADR Administrator, Gerald P. Lepp.