Mediation Rules & Procedures
Mediation Program Annual Reports
What is Mediation:
At the U.S. District Court for the Southern District of New York the Mediation Program is governed by Local Civil Rule 83.9 and the Mediation Program Procedures. All civil cases other than social security, habeas corpus, and tax cases are eligible for mediation, whether assigned to Manhattan or White Plains. The assigned District Judge or Magistrate Judge may determine that a case is appropriate for mediation and may order that case to mediation, with or without the consent of the parties, before, at, or after the initial Rule 16(b) case management conference. Alternatively, the parties should notify the assigned Judge at any time of their desire to mediate.
Since 2011, counseled employment discrimination (non-FLSA) cases and certain § 1983 police misconduct claims are automatically referred to mediation when the answer is filed. The assigned District Judge or Magistrate Judge may issue a written order exempting a particular case with or without the request of the parties.
Frequently Asked Questions
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If a participant does not speak English, does the Court provide interpreters for mediation? Where do mediations take place and how are rooms reserved? Can I bring my cell phone/computer/electronic device into the Court for mediation? Can people participate in mediation by phone or video conference? Can I play a DVD or videotape in mediation? How are mediators selected? Is there a transcript or can I record mediation sessions? Does the Court appoint counsel for pro se (unrepresented) litigants in mediation?