Statement of Policy
It is the policy of the Unified Court System to encourage the resolution of civil legal disputes by methods including mediation, arbitration, neutral evaluation, in-court settlement practices, and summary jury trials. All actions or proceedings heard in Surrogate’s Court, shall be presumptively eligible for early referral to an alternative dispute resolution process unless otherwise excluded. The Court may refer parties to an ADR process at any time after an action has been commenced and are encouraged to do so at the earliest appropriate opportunity.
ADR Contact Information
If you have a matter that is currently pending in your county of residence that you would like considered for reference to ADR, or if you simply have a question concerning ADR please contact:
Denise Colón, Esq. MSW
[email protected]
Court Attorney – Referee/ADR Coordinator
Surrogate’s Court (Citywide)
Call for Mediators
Kings County Surrogate’s Court serves a wide variety of litigants, including persons of varying age, race, ethnicity, national origin, gender, sexual orientation, physical or mental ability, religion, socioeconomic and family status. The Court’s Mediation Programs recognize that neutrals with a wide variety of cultural and life experiences enrich the alternate dispute resolution process by bringing diverse perspectives to resolving disputes. To accomplish these goals, it is important that the Kings County Surrogate’s Court Mediation Program Rosters attract and retain neutrals who represent a range of personal and professional backgrounds who can, thereby, better serve and instill confidence in participants in the alternate dispute resolution process. To that end, qualified applicants of all diverse backgrounds and experiences are encouraged to apply for admission to the Mediation Rosters in Kings County Surrogate’s Court.
Mediator Requirements
The Surrogate shall establish, and the ADR Program Coordinator shall maintain, a roster of trained mediators ("The Roster") for the Program which shall be available on the Court website. To be eligible to join the Roster as a Mediator, a person shall satisfy the training and experience requirements of Part 146 of the Rules of the Chief Administrative Judge as follows:
All Court Roster Mediators shall have received at least 24 hours of basic mediation training, 16 hours of additional training in the specific mediation techniques applicable to Surrogates matters. In addition, all Court Roster Mediators shall have recent experience mediating actual cases in the area of Trusts and Estates and Surrogate’s matters. Mediation experience can be achieved by mediating at least three (3) court cases in a New York State, or completing a Court Mediation Apprenticeship.
A Court Mediation Apprenticeship shall include: i. observing at least one (1) mediation, regardless of case type; ii. co-mediating three (3) Court cases in the subject area of the types of cases to be referred to them; iii. debriefing all observations and mediations with a Court Roster mediator or ADR Program Contact; and iv. receiving an evaluation by a Court Roster mediator or ADR Program Contact.
All Court Roster Mediators must attend six hours of approved Continuing Education relevant to mediating in their respective practice areas every two years.
Fulfillment of these requirements does not guarantee acceptance onto the Roster. Final placement on a Roster or continuation on a Roster is in the discretion of Surrogate Montalbano under Part 146 of the Rules of the Chief Administrator.
ADR Referrals
Proceedings in the Kings County Surrogate’s Court are presumptively eligible for ADR, subject to the discretion of the Surrogate. Referrals to ADR are made via Order of Reference. Depending on the referral, parties may select to pursue mediation with a Court Roster Mediator, Community Dispute Resolution Center, Judicial Hearing Officer, or Private Mediator. The Court may continue appearances of the matter during the mediation process. Discovery may also continue at the discretion of the Court. The Surrogate’s Court ADR Program Referral Guide provides a general overview of Surrogate’s Court referrals to ADR in NYC. The Kings County Surrogate’s Court ADR Rules offer information on ADR referrals, the mediation process, mediator compensation, and other ADR related guidelines specific to this court.
Community Dispute Resolution Centers
You may seek the services of a Community Dispute Resolution Center (CDRC), which offers free and low-cost mediation. There is a CDRC for every county in New York State. They can mediate court cases, as well as disputes that are not in court. Many CDRCs offer virtual mediation. If a court refers your case to mediation, consult first with the referring court about your options: in some courts and in some case types, mediation services may be free of charge.
Definitions
Alternative Dispute Resolution (ADR): ADR stands for alternative dispute resolution – a variety of processes that help parties resolve their dispute without a trial. ADR may also refer to appropriate dispute resolution, referring to a number of processes that can be used to resolve a conflict, dispute, or claim.
Arbitration: Arbitration is a process where disputing parties agree that one or several individuals --- the arbitrators --- can make a decision about the dispute after receiving evidence and hearing arguments.
Community Dispute Resolution Center (CDRC): The New York State Unified Court System partners with local non-profit organizations known as CDRC’s to provide mediation, arbitration, and other dispute resolution options as an alternative to court. CDRC’s help litigants resolve a wide range of family and matrimonial courts disputes involving parents and children as well as child custody and visitation issues.
Mediation: Mediation refers to a confidential dispute resolution process in which a neutral third party --- the mediator -- helps parties identify issues, clarify perceptions, and explore options for a mutually acceptable outcome. o Mediator: A trained third party neutral. The Mediator is not a decision maker. The Mediator serves as a neutral facilitator of communication and helps the litigants reach resolution of the issue(s) being mediated.
Part: A part shall mean any branch of court so designated by Administrative Rule or any Supreme Court IAS Justice, Acting Justice, Family Court Judge, Surrogate Judge or Judicial Hearing Officer presiding over the matter assigned.
Presumptive ADR: In a presumptive Alternative Dispute Resolution (ADR) referral model, parties are referred early on to utilize some form of ADR such as arbitration, mediation, neutral evaluation, settlement conferencing or a special master.
Neutral Evaluation: Neutral evaluation is an ADR process where the case is referred to an expert, usually an attorney, who is asked to provide a balanced and unbiased evaluation of the dispute.
Settlement Conferencing: Settlement conferences are similar to mediation in that a third-party neutral assists the parties in exploring settlement; however, these conferences are usually conducted by a judge or court staff and generally focus on the attorneys and their legal arguments.
Summary Jury trials: A summary jury trial is a one-day trial in which attorneys for each party present a shortened version of the case in a real courtroom before a jury.
Sample Forms, Required Report, and Survey
Roster of Mediators
Parties and/or Attorneys may select a mediator from those included on the Kings County Surrogate’s Roster, searchable below:
Statewide Mediator Directory