Bronx County Supreme Court, Civil Term Alternative Dispute Resolution

Advantages of Mediation

Saves Time: Mediation is faster than going to trial.

Saves Money: Parties can save on court costs, attorney’s fees, and witness fees.

Control: Parties retain control in mediation by choosing the provider.

Reduces Stress and Protects Privacy: Mediation is done outside the courtroom, in private offices, by phone or remotely.  The proceedings remain confidential.

Durability of agreement: Mediation can produce more lasting agreements.

Mediation can preserve or improve relationships: This is especially important in conflicts involving families in which it is critical to preserve the relationship and foster ongoing communication.

Referral to Mediation (non-matrimonial cases)

Bronx Supreme Civil follows a model of presumptive mediation where parties are referred to mediation early in the case. A referral can occur at any stage in a case, preferably early in the court process, before costs rise and positions harden. Parties are also free to request mediation at any time in their case.

Notice through NYSCEF
Cases that are selected for presumptive mediation will receive a notice of their selection on NYSCEF with an agreement to mediate attached. All parties (or their attorneys) must complete the agreement to mediate, upload it to NYSCEF and email a copy to [email protected].

If a party to a case wishes to mediate and has not received a notice in NYSCEF, they can complete the request for mediation form. The ADR Department will then anonymously upload a selection notice to the case so that the parties may proceed to complete the agreement to mediate.

Order of Reference
Once the parties have uploaded the necessary documents to NYSCEF, the ADR Department will review the case the ensure it is appropriate for mediation. After checking for possible conflicts with the assigned mediator, appropriate cases are directed to mediation through an Order of Reference, which states the name and contact information of the mediator and the time frame to complete the first mediation session. Some Orders of Reference will also give a date for a post-mediation conference.

Scheduling and Mediator Selection
It is up to the parties to contact the assigned mediator to schedule the mediation. The parties should coordinate with the mediator to schedule a mediation at a mutually convenient time and place at some point prior to the deadline to complete mediation. Parties must agree to the mediator’s hourly rate should the mediation go longer than 90 minutes. Any fees paid to the Mediator are to be paid equally by the parties unless otherwise agreed upon.
Parties are free to decline the assigned mediator and select a different mediator from our roster or from somewhere else. Note: only assigned mediators will provide the first 90 minutes of mediation at no cost to the parties.

To view the mediators on our roster:
Go to the Statewide Mediator Directory
Select “12th Judicial District”
Select “Bronx County Supreme Commercial/Civil” from the Available Rosters list
Click View Roster

Mediation
If the parties opt for the assigned mediator, the first ninety (90) minutes of mediation will not be billable to the parties.  If the case does not settle after the initial 90 minutes, the parties may choose either to conclude the mediation or continue at their own expense. If the parties decide not to continue to mediate, the case will proceed in the normal course of litigation without any effect on any deadlines.

Post-Mediation
Please share your experience with the program by completing our Post-Mediation Survey.

Referral to Mediation (Matrimonial Cases)
The Bronx Supreme Court-Matrimonial Division’s presumptive mediation program refers parties to mediation at the conclusion of a preliminary conference. The cases are referred early in the court process before positions harden and the cost of litigation rises. A matter may also be referred to mediation at the request of the Judge assigned to the case. The parties (or their attorneys) may also request mediation by completing a referral form and submitting it to the Judge assigned to their case.  

Notice to Mediate 
The ADR Coordinator for the Matrimonial Division will notify the parties (or their attorneys) that they have been selected for presumptive mediation. The coordinator will provide said notice and an agreement to mediate via email. All parties (or their attorneys) must complete the agreement to mediate, upload it to NYSCEF and email a copy to [email protected].  

Pre-Mediation Screening 
Once the parties return the agreement to mediate to the coordinator, the ADR Department will schedule the parties for a pre-mediation screening interview to determine if the matter is appropriate for mediation. Each party will be screened outside of the presence of the other and may be accompanied by their attorney. This screening is confidential.  

If the case is not appropriate for mediation, the ADR Coordinator will notify the parties (or their attorneys) via email and the case will proceed in the normal course of litigation without any effect on any deadlines. 

Order of Reference 
If the case is appropriate for mediation the ADR Coordinator will assign the matter to a mediator after checking for possible conflicts with the assigned mediator. The parties will then be directed to mediation through an Order of Reference, which will state the name and contact information of the mediator and the time frame to complete the first mediation session. Some Orders of Reference will also give a date for a post-mediation conference.  

Scheduling & Mediation Selection  
It is up to the parties to contact the assigned mediator to schedule the mediation. The parties should coordinate with the mediator to schedule a mediation at a mutually convenient time and place prior to the deadline to complete mediation.  

If the parties opt for the assigned mediator, the first ninety (90) minutes of mediation is FREE and will not be billable to the parties. If the case does not settle after the initial 90 minutes, the parties may choose either to conclude the mediation or continue at their own expense. The parties will be asked to agree to the mediator’s hourly rate and any fees paid to the Mediator are to be paid equally by the parties unless otherwise agreed upon. If the parties decide not to continue to mediate, the case will proceed in the normal course of litigation without any effect on any deadlines.  

Parties are free to decline the assigned mediator and select a different mediator from our roster or from a non-court sponsored source. Note: Only assigned mediators will provide the first 90 minutes of mediation at no cost to the parties.

To view all of the mediators on our roster: 
Go to the Statewide Mediator Directory 
Select “12th Judicial District” 
Select “Bronx County Supreme Matrimonial” from the Available Rosters list 
Click View Roster 

Post Mediation 
Please share your experience with the program at the conclusion of mediation, by completing our Post-Mediation Survey. 

For Neutrals

Joining a Roster

In order to join one of the Bronx Supreme Court’s Mediator Rosters, you must meet the qualifications set forth by Part 146 of the Rules of the Chief Administrative Judge and complete the Statewide Application for Court Roster Mediators.

Learn more about available mediator trainings. Please be sure to include the 12th Judicial District (Bronx County) on your list of jurisdictions where you wish to mediate.

The application also allows you to list litigation subject areas with which you have experience. We recommend that you only state subject areas that you feel comfortable mediating. Keep in mind that our Program includes both general civil and matrimonial matters and a mediator on our panel can handle both.

Feel free to send any questions to: [email protected]

We look forward to reviewing your application!