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Arbitration
New York County Only

Arbitration in New York County Civil Court is a process in which a Judicial Hearing Officer decides a dispute instead of a trial before a Civil Court Judge. Once the arbitration process is complete, a dissatisfied party may request a trial before a Civil Court Judge.

The arbitration program is in effect in New York County only at this time. The arbitration program works as follows:

If your case is for $10,000 or less and the claim is for money only, the case will be handled by the arbitration program. When the defendant answers the Clerk will set a date for a pre-arbitration conference. Both sides will be notified by mail as to the scheduled date, time and place. All parties must appear before the Judicial Hearing Officer, who will attempt to settle the case.

Bring any documents that you have to the pre-arbitration conference. However, you do not need to bring any witnesses since this will only be a conference to determine the possibility of a settlement or the necessity for a trial. If the case is not settled, or otherwise disposed of, the parties will select a date for arbitration and will be told the time and place of the Arbitration hearing.

On the day of the Arbitration hearing, be sure to bring with you any witnesses and all papers and other evidence you wish to present to the arbitrator in order to prove your case. Proof of services or repairs for $2,000 or less may be made by an itemized bill containing a Certified Statement, from an authorized employee of the firm used, stating that the amounts charged are the usual and customary charges therefor; that it has been paid; and that no part of the payment received will be refunded. A copy of the itemized bill which has been Certified, and notice of intent to place it into evidence at the hearing, must be served at least 10 days before the hearing. This may be done by mail.

If, after you have had a hearing, you are dissatisfied with the outcome, you may file a request for a new trial before a Civil Court Judge within 30 days of the date of the entry of the arbitrator's decision (35 days if notified by mail). A request for a new trial after arbitration is known as a “trial de novo.” The request must be served on the other side, then filed along with an affidavit of service and payment of a $75.00 fee. If you wish to request a jury trial, an additional fee of $75.00 is required. You may download the request form for free by clicking on Trial De Novo, or you may obtain a form from the clerk or use your own form. To find out where the cashier is located, click on Locations. If you are unable to afford to pay, you may be entitled to Poor Person’s Relief.

Once you have filed the request for a trial de novo, the court will set a date for trial and advise all parties.

If there is a decision in your favor after Arbitration, see the Judgment Clerk for entry of a judgment on your behalf. To learn where to find the Judgment Clerk, click on Locations. Allow 10 days for processing of papers prior to requesting a judgment.

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