The options are:

EARLY NEUTRAL EVALUATION (ENE)
or LATE NEUTRAL EVALUATION (LNE)

ENE:
The bringing together of parties and counsel before a Judicial Hearing Officer (JHO) or a Program Attorney who, after an abbreviated presentation of issues, will offer a prediction of likely court outcome. This non-binding evaluation offers a reliable foundation upon which settlement discussions may be held.

LNE:
Similar to ENE and may also lead to settlement, but it follows a mediation process that did not result in an agreement or resulted in a partial agreement.

MEDIATION
A neutral party, trained in the process and chosen by the parties from an approved list, assists in the negotiations among parties to help clarify issues and develop options for resolution. This process may last one to several hours over one or two days, allows broader creativity in developing mutually acceptable resolutions and, when successful, may lead to development of an agreement crafted by the parties, with mediator assistance.

ARBITRATION
Voluntary/Binding: A binding process where parties opt for a JHO or a private arbitrator(s) to hear their dispute and who, after presentation of evidence and/or witnesses, renders a binding decision or award. This process provides more flexible rules and savings in dollars and time.
Non-Binding: Similar to the above, with the right of a trial de novo.

SUMMARY JURY TRIAL (SJT)
Each side presents its case in abbreviated form to a jury of six jurors, chosen from the County jury pool. The decision of the jury is advisory only unless parties request that it be binding; it provides all parties with a preview of a potential verdict should the case go to trial.

COSTS
There are no fees in the court-annexed program for ENE, LNE, arbitration by a JHO/Program attorney, or SJT; there may be a fee for court-annexed mediation. During the 65-day stay, parties are always free to go to private mediators or arbitrators outside the court system, for which varying fees will be charged.

Benefits of ADR

ADR has long been used as a fast and cost-effective means of resolving legal disputes. Increasingly, ADR has become popular among Judges and court administrators as a valuable case management tool. Additional benefits include:

MEDIATION

• Offers parties the opportunity for creative problem solving and tailor-made solutions
• Often preserves and enhances business and family relationships
• Supplements judicial case management by narrowing issues and increasing the parties' understanding of their case even when settlement is not reached during mediation

(EARLY) NEUTRAL EVALUATION

• Provides parties with a confidential assessment of the strengths and weaknesses of their case
• Supplements judicial case processing by offering case management and settlement assistance

ARBITRATION

• Provides a forum in which to resolve disputes with finality and at less cost than litigation

Desiring to create a more user-friendly court system, the Hon. Vincent E. Doyle, former Administrative Judge of the 8th Judicial District, with the support of Chief Judge Judith S. Kaye and the office of Court Administration, has developed an Alternative Dispute Resolution Program (ADR) to provide options for achieving resolution of disputes in a shorter time, at lower cost, and in a less adversary environment than with full-blown litigation. This program is for cases already filed in the court system; entry is by court mandate or request of the parties with permission of the IAS judge, and will carry a 65-day stay of court proceedings. This pamphlet is desinged to present a brief overview to lawyers and clients alike of the options available through ADR and the differences between them. ADR provides more control over the process to the parties, with the consequent likelihood of greater satisfaction with the outcome, and the cost in dollars and time is minimal. If ADR is unsuccessful in resolving the dispute within the 65-day period, the case will be returned to the IAS calendar.

For a more detailed description of the program and its rules,
please call (716) 845-9334 or 845-9343
Monday - Friday, 9:00 a.m. to 5:00 p.m.

Alternative Dispute Resolution Program
5th floor
25 Delaware Avenue
Buffalo, NY 14202