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Frequently Asked Questions

  • 05. When must the arbitration hearing take place?

    The arbitration hearing must take place no later than 120 days from the date the answer was filed, and counsel will have a 90 day period to complete discovery.

  • 06. What happens once the arbitration is completed?

    Upon completion of the hearing, the arbitrator files an arbitration award. This award is confidential and does not go in the court file.  Counsel will receive a copy of the award after it is received by the court.  If any party disagrees with the arbitrator’s decision, then that party may file a Demand for Trial De Novo. 

  • 06. Where are mediations usually held?

    Mediations can be held in any mutually agreed upon location (including virtually), 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.

  • 06. Where do the mediations take place?

    Mediation sessions may take place at the courthouse, a neutral location, or remotely.

  • 07. How do I request a trial de novo?

    Within 30 days after the arbitration award is entered on the docket, any party may demand in writing a trial de novo in the District Court.  Such demand shall be filed with the arbitration clerk, and served by the moving party upon all counsel of record and other parties.    A filing fee of $250.00 is required to file a Demand for Trial De Novo.

  • 07. How much does mediation cost?

    Mediators obtained through the court annexed mediation program offer their services at a reduced rate of $600.00 for the first four hours, and $250.00 per hour for each hour thereafter.  Mediators do not charge for any time spent in preparation of the mediation session. 

  • 07. I’ve decided to mediate my case. What do I do?

    At any time after the defendant has been served with the summons and complaint, you may ask the judge for a referral into the mediation program.

  • 08. Can I ask to be appointed an attorney to represent me at the mediation?

    The EDNY offers self-represented parties with the opportunity to obtain a pro bono (free) attorney for the purpose of mediation in employment discrimination matters and matters arising under Section 1983. 

        The following types of cases are eligible for pro bono representation in mediation:

        Employment Discrimination

    • Title VII of the Civil Rights Act of 1964 as codified, 42 U.S.C. §§2000e to 2000e-17 (discrimination based on race, color, gender, religion and national origin)
    • Age Discrimination in Employment Act of 1967, as codified, 29 U.S.C. §§ 621-34 (discrimination based on age)
    • Title I of the Americans with Disabilities Act of 1990, as codified, 42 U.S.C. §§ 1242-17 (discrimination based on disability or perceived disability) 

        Section 1983

    • First Amendment (violations of free speech, freedom of association and religion, access to the courts)
    • Fourth Amendment (false arrest, excessive force, unreasonable searches and seizures)
    • Eighth Amendment (prisoner excessive force, conditions of confinement)
    • Fourteenth Amendment (lack of due process or equal protection)
  • 08. What is the cost of arbitration?

    There is no charge for the arbitration.  However, if parties would like a transcript made of the arbitration hearing, the parties must make all necessary arrangements and bear the expenses associated with the transcript.

  • 09. How do I get matched with an attorney for the purpose of mediation?

    Once the judge has ordered your case to the Mediation Advocacy Program, someone from the Eastern District ADR Program will attempt to find a volunteer attorney for you. There is no guarantee that you will be matched with a pro bono attorney, however if an attorney is secured to represent you in a mediation, the attorney will contact you directly to set up a time to talk about your case. Pro bono attorneys participating in the Mediation Advocacy Program are not obligated to continue representing you in your case once the mediation has ended.

  • 10. If I agree to mediation, will I definitely have a pro bono attorney appointed?

    No. There is no guarantee that you will be matched with an attorney through this program.

  • 11. What if I am not satisfied with my pro bono attorney or pro bono mediator?

    Please contact ADR Administrator, at 718.613.2578 or nyed_adr@nyed.uscourts.gov with any questions or concerns regarding pro bono attorneys and mediators.

  • Are stipulations emailed to NYED, as they are in NYSD?

    No, filings for NYED cases are made via CM/ECF. The clerks office does not accept emailed filings.

  • Can I file my new case by email, by fax or electronically via cm/ecf?

    No, Pro se litigants may not file a new case by email, by fax or electronically via cm/ecf.

  • Can I file my papers electronically?

    Pro se litigants may not file electronically without the judge’s prior approval.  If you would like to electronically file your papers, you must make a written application to the judge and include information regarding your ability to use a computer and what computer access you have.

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