Mediation Advocacy Program FAQ
What is mediation?
Mediation is a confidential process where a neutral third party, called a mediator, assists you and the other party to try to reach a voluntary, negotiated resolution of your lawsuit.
Why should I try mediation?
Mediators assist in improving communication across party lines, identify areas of agreement, and help parties to generate a mutually acceptable resolution to the dispute. Mediation provides an opportunity to explore a wide range of potential solutions and to address interests that may be outside the scope of the lawsuit or which could not be addressed by a judge.
If I mediate my case, will I be giving up any rights?
No. In the Eastern District, both parties must agree to mediation and the Judge must refer a pro se case to be mediated through the EDNY Alternative Dispute Resolution Program. You are under no obligation to settle your case through mediation, and if your case does not settle, you will continue your case before a judge
How much does mediation cost?
Mediation is offered at a reduced rate through panel mediators. In addition, parties who are unable to pay may apply to the referring judge for a waiver of the fee.
Where do the mediations take place?
Mediation sessions may take place at the courthouse, a neutral location, or remotely.
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.
Can I ask to be appointed an attorney to represent me at the mediation?
Self-represented litigants who have been referred to mediation may ask the judge for a referral into the Mediation Advocacy Program. You must make this request in writing and file it on the docket. If granted, the ADR Administrator will then attempt to locate a pro bono (free) attorney who can offer limited scope representation for the mediation (and not the underlying litigation). The referral does not guarantee representation.
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.
What if I am not satisfied with my pro bono attorney or pro bono mediator?
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.