Frequently Asked Questions
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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, 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. Who are the mediators?
The mediators are experienced lawyers who have been certified as mediators by the Eastern District.
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 express your interest in mediation to the Judge. The Judge may also ask you if you are interested in mediation. If both sides consent to participate in mediation, and the Judge determines that the employment discrimination case is appropriate for mediation, the parties must sign the Referral Form for Pro Se Employment Discrimination Mediation to proceed with mediation.
08. How do I get matched with an attorney for the purpose of mediation?
Fill out the Request Form for Pro Bono Attorney for the Purpose of Mediation. You will then be contacted by a member of the EDNY ADR Program staff who will speak with you in more detail about your case, and attempt to find a volunteer attorney for you (the pro se plaintiff). The Judge will issue an order appointing that specific attorney to represent you for the purpose of the mediation only, and the parties will be sent a copy of the order which includes the attorney’s address and phone number. The attorney appointed to represent a pro se litigant in mediation is not obligated to continue representing you in your case once mediation has ended.
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. If I agree to mediation, will I definitely have a pro bono attorney appointed?
There is no guarantee that you will be appointed counsel through this program, however, the ADR Program will make every effort to match you with an attorney for the purposes of mediation.
10. Where do the mediations take place?
Generally, the mediation sessions take place at the courthouse, however, sometimes mediators may offer a neutral location where the parties can meet.
A party we represent was dismissed, but we are still receiving notifications, how can we stop the notifications?
Please file a Notice on the case requesting that the attorney be terminated from the case. Once terminated, notifications will stop.
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.
Are there any special settings for file sizes in Adobe 6.0?
Yes, please read the below recommendations.
PREPARING THE DOCUMENT:
- Reminder: do not use the PDF Creator that is a part of the Corel Suite.
- Set Adobe PDF Writer as the default printer BEFORE opening the document.
- Before printing, perform a "File --> Save As" and save the document as a normal document. This cleans the document and gets rid of any embedded code that might be lingering due to editing, but that is not visible in the actual document.
- Minimize the number of different fonts used in the document. We suggest you set the default font to Courier (NOT Courier New or Times New Roman or any other TrueType font). So far, tests have shown that using True Type fonts drastically increases the size of the document. Set the default font by going to "File --> Document --> Default Font."
- The CM/ECF Project Team recommends a 200x200 dpi resolution. A higher resolution appears to dramatically increase the file size. Because Adobe Acrobat is often used for publishing, some of the standard settings have a 1200x1200 resolution.
- When you print the document, click on the "Details" tab in the "Print" window, change the "Resolution" to "200x200," then un-check the following check boxes (if they were checked when you entered the window): "Print in color" and "Print text only." Note: this hint does not apply to WordPerfect 10 users who do not have the "Details" tab.
Can an attorney who is appearing pro se use their attorney cm/ecf account to file?
No. If you appearing pro se and wish to file on the case, you would need to file a Motion for Leave to Allow Pro Se to Electronically File. If granted, you will be issued a pro se filing account.
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.