What's New
- Upcoming event – Meet the Experts (Part 2): Advice on Preparing for Settlement & Mediation, Thursday, June 4, 8:30-10:00am, 1133 Westchester Avenue, Suite N-200, White Plains *Breakfast and CLE* *No charge* (register here: https://www.wcbany.org/?pg=events&evAction=showDetail&eid=322426&evSubAction=listAll）
- New resource – “Get Your Civil Supreme Case into Mediation” (a one-stop resource for the 9JD Presumptive Mediation Program: process steps, Order of Reference, Mediator Roster, Program Rules)
- Updated rules - 9th Judicial District ADR Rules (revised Jan 2026)
- New form – Surrogate’s Report of Mediator
- New form – Surrogate’s Mediation Order of Reference
- Updated 9JD Roster format – 9th JD Roster
- Updated form - Mediation Order of Reference (revised Oct 2025)
- Updated form - Report of Mediator Form (revised May 2025)
- Updated form - Westchester County Preliminary Conference Stipulation (revised May 2025)
Contact
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 have a question concerning ADR, please contact
Court Attorney-Referee
Robert W. Pierson, Jr., Esq.
Alternative Dispute Resolution Coordinator, 9th JD
111 Dr. Martin Luther King Jr., Blvd
White Plains, NY 10601
Email: [email protected]
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 civil actions or proceedings heard in the Supreme Court, Court of Claims, County Court, Family Court, Surrogate's Court, District Court, City Court, and New York City Civil Court shall be presumptively eligible for early referral to an alternative dispute resolution process unless otherwise excluded. Courts 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.
Links
- 9th Judicial District ADR Rules (revised May 2025)
- Community Dispute Resolution Centers
Call for Mediators
The 9th Judicial District serves a wide variety of litigants, including persons of varying ages, races, ethnicities, national origins, genders, sexual orientations, physical or mental abilities, religions, socioeconomic statuses, and family statuses. The District's multiple Mediation Programs recognize that neutrals with a wide variety of cultural and life experiences enrich the alternative dispute resolution process by bringing diverse perspectives to resolving disputes. To accomplish these goals, the 9th JD Mediation Program Rosters must 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 the 9th Judicial District.
Mediator Requirements
The Administrative Judge shall establish, and the ADR Program Contact shall maintain, a roster of trained mediators ("The Roster") for the Program, which is available on the Court website. To be eligible to join the roster as a mediator, a person must satisfy the training and experience requirements of Part 146 of the Rules of the Chief Administrative Judge as follows:
All Court Roster Mediators must have received at least 24 hours of basic mediation training and 16 hours of additional training in the specific mediation techniques applicable to specific subject areas of the types of cases referred to them. In addition, all Court Roster Mediators shall have recent experience mediating actual cases in the subject area of the types of cases to be referred to them. Mediation experience can be achieved by mediating at least three Court cases in New York State, or completing a Court Mediation Apprenticeship.
A Court Mediation Apprenticeship must include:
- Observing at least one mediation, regardless of case type
- Co-mediating three Court cases in the subject area of the types of cases to be referred to them, and debriefing all observations and mediations with a court roster mediator or ADR Program Contact
- 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 the District Administrative Judge under Part 146 of the Rules of the Chief Administrator.
Programs By Court Type
The Court is committed to finding less costly and innovative ways of resolving matters, and therefore offers ADR programs in the Supreme Court, Surrogate's Court, Family Court, and City Court.
Under Section 160.2 of Part 160 of the Rules of the Chief Administrative Judge, referrals to an appropriate ADR process shall take place at the earliest practicable time unless an exception applies.
Supreme Court
I. Mediation
Unless a referring Court or Part has specific rules regarding mediation, please refer to the 9th Judicial District ADR Rules (revised May 2025).
A referring Court may issue an Order of Reference to Mediation, or parties may opt-in to the court's mediation program by submitting to [email protected] a Mediation Order of Reference (revised May 2025) signed by all participating parties (or counsel).
Get Your Civil Supreme Case into Mediation
- Step 1: All parties must agree to mediation.
- Step 2: Download and complete the Order of Reference. All parties or counsel must sign/stipulate.
- Step 3: Select a mediator from the Roster. (If no preference, the Court will appoint a mediator.)
- Step 4: Return the Order of Reference to the Court: [email protected]
- Step 5: The signed Order will be uploaded to NYSCEF.
II. Mediation – Commercial Division
For mediation in the Commercial Division, please refer to the Commercial Division Rules.
Applicable case types:
- Corporate dissolutions, internal governance disputes, and shareholder derivative actions where the entity is closely held and non-public, and there is an ongoing business or personal relationship among the parties
- Employment agreements/restrictive covenants/unfair competition (regardless of whether employment-related)
- Commercial real estate not involving Yellowstone injunctions
- Business transactions involving commercial banks or other financial institutions or lenders, not involving an instrument for the payment of money only
- Commercial insurance coverage or environmental insurance coverage
- Construction litigation
- Cases where the amount at issue is less than double the jurisdictional threshold for Commercial Division cases pending in the Westchester County Supreme Court
- Any case which does not fall into the list of cases above, but where all parties request mediation, or where the Court directs the case to go to mediation in the exercise of the Court's discretion
Surrogate's Court
| COUNTY | CASE TYPE | EXCLUSIONS |
|---|---|---|
| Westchester Rules |
| Cases with public administrator |
Family Court
| COUNTY | CASE TYPE | EXCLUSIONS |
|---|---|---|
| District Wide Rules | Permanency Selected child welfare matters which include local Department of Social Services and Respondent parents or caregivers, their advocates and families, the Attorney for the Child(ren), foster parents or service providers | |
| Dutchess Rules |
|
|
| Putnam Rules |
|
|
| Orange Rules |
| The following actions shall not be referred to mediation except upon consent of all parties or upon motion of the Court
|
| Rockland Rules |
| |
| Westchester Rules |
| Any cases in which there is an active temporary or permanent "stay-away" order of protection involving the parties or an active child protective services ("CPS") investigation |
City Court
| COUNTY | CASE TYPE | EXCLUSIONS |
|---|---|---|
Dutchess Orange Westchester |
| Actions involving allegations of domestic violence or a severe power imbalance between the parties and/or where temporary or permanent Orders of Protection have been issued are not appropriate for referral to the Program. Cases will be screened to avoid inappropriate referrals |
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.
Part 28 Arbitration
Pursuant to Part 28 of the Rules of the Chief Judge, civil actions for a sum of money only, except those commenced in small claims parts and not subsequently transferred to a regular part of court, that are noticed for trial or commenced in the Supreme Court, County Court, or a City Court, where recovery sought for each cause of action is $6,000 or less, shall be referred to arbitration before a volunteer attorney serving as a panel arbitrator.
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 CDRCs to provide mediation, arbitration, and other dispute resolution options as an alternative to court. CDRCs help litigants resolve a wide range of family and matrimonial court 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 a 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.
Special Masters: Special masters are experienced neutrals who can assist judges with effective case management, play a role in technologically complex disputes, assist with discovery oversight and management, facilitate resolution among parties or co-parties, and conduct mini-trials upon consent of the parties.
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.
Forms
- Mediation Application for Permanency Mediation Program
- Mediation Fee Agreement
- Mediation Order of Reference (revised Oct 2025)
- Mediation Opt-Out Form/Court Order
- Mediation Participant Statement of Understanding
- Mediation Selection form
- Post-Mediation Survey
- Referral to Permanency Mediation Form
- Report of Mediator Form (revised May 2025)
- Surrogate’s Mediation Order of Reference
- Surrogate’s Report of Mediator
- Westchester County Preliminary Conference Stipulation (revised May 2025)
Roster of Mediators
Parties and/or attorneys may select a mediator from either:
Rules
Supreme Court
- 9th Judicial District ADR Rules (revised Jan 2026)
- Westchester County Supreme Court – Commercial Division rules
Surrogate's Court
Family Court
City Court
Frequently Asked Questions (FAQs)
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Are there exceptions to participation in Mediation? ADR Generally?
#See Charts above
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Cost?
#That depends on the issues and on you and the other party. Mediators on the Court Roster have agreed to provide the first 90 minutes of mediation free of charge. Some mediation providers may offer additional, free mediation services to qualifying couples, others may offer a sliding fee scale. Community Dispute Resolution Centers charge a nominal (small) administrative fee.
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How Is Language Access for those who do not feel comfortable working in English handled?
#Parties or their attorney, should notify their Attorney, if any, or the Court referring the matter to mediation, or notify the mediator. Parties may retain a private interpreter or use a service e.g. Language Line (800) 752-6096.
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Right to Counsel/Right to Assigned Counsel (where app)?
#Parties have a right to have an attorney present with them during mediation. Attorneys are strongly encouraged to prepare clients for mediation sessions and assist with drafting agreements. Parties do not need to agree to anything in mediation without first speaking with an attorney.
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What notice will I receive?
#Some courts have begun to notify parties that they are to attend an ADR session by a written order; other courts are orally directing parties to mediation or some other form of ADR and sometimes your local Community Dispute Resolution Center may reach out to you by email or phone at the request of the court. Again, this determination is made by each court based on case type and the resources available.
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When will I get referred to a Presumptive ADR session?
#Parties may be referred at any time to ADR but one of the goals of the Presumptive ADR Program is to refer cases earlier rather than later in order to limit financial and emotional costs and reduce backlog. This might mean that your case could be referred to some type of ADR at the preliminary conference or before extensive discovery takes place. Each court makes this determination based on the case type and the resources available.
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Who Can attend?
#When parties have lawyers, some forms of alternative dispute resolution (ADR) might involve only the lawyers. If the people involved in the case wish to participate in ADR or the court asks them to take part, they will always be allowed to bring their lawyer.
People can always ask to stop the ADR session so they have time to talk to a lawyer or have a lawyer assigned.
ADR can be very flexible and customized. So as long as everyone agrees, there are many ways that other people, who are not parties in the case or the lawyers could also be invited to join in an ADR session.
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Who is delivering the service?
#Judges, Court Attorney Referees, Judicial Hearing Officers, Law Clerks, Court Attorneys, private attorneys, roster members, CDRC
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Whom do I contact to confirm when and where to appear or with questions?
#Parties should refer to the Referral Order, if any; or contact the assigned/appointed mediator; their attorney, if any; or the Part of the Presiding Judge that referred the matter to mediation.