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Arbitration

Arbitration is a process where a neutral third-party, selected by the parties, adjudicates your case in an expedited manner.    Cases filed in the EDNY are automatically referred to arbitration where monetary damages do not exceed $150,000, excluding Social Security cases, tax matters, prisoners' Civil Rights cases and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. S 1343.  

The arbitration hearing is scheduled by the court and shall occur within 120 days after the answer is filed.   The case will be heard by one arbitrator from the court’s panel of qualified arbitrators.  Under certain circumstances, counsel may request a panel of 3 arbitrators.  

At the conclusion of a hearing the arbitrator will issue a confidential, non-binding, monetary award. The award will become a final judgement of the court unless a party files a demand for trial de novo within 30 days of the award being entered.  The party that files the request for trial de novo will incur a cost of $250.00 which is the cost of the arbitrator’s fee.  

Numerous benefits can be obtained from Court‐Annexed Arbitration:

  • Arbitration takes place early in the case and parties can save time and money.
  • Parties receive a neutral assessment of the case by a qualified, impartial attorney or retired judge from the Court’s Panel of Arbitrators.
  • The arbitration award may provide a useful starting point for settlement discussions.
  • An absolute right to a full trial is preserved.

Court Annexed Arbitration is governed by Local Civil Rule 83.7

To reserve a conference room for the purpose of arbitration send an e-mail including the requested date, time, and case index number to nyed_adr@nyed.uscourts.gov

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