US District Court • Southern District of New York

Mediation/ADR


Who Are The Mediators?

What Are The Advantages Of Mediation?

Who Are The Mediators?

Mediation conferences are conducted by Court appointed mediators who are certified by the Chief Judge or the Judicial Officer appointed by the Chief Judge, pursuant to Local Rule 83.9.

What Are The Advantages Of Mediation?


Advantages for the Parties:

  • The mediator is provided by the Court without cost to the parties.
  • Successful mediation reduces the risk of an unfavorable outcome at trial.
  • Avoids the expense of additional pretrial discovery, trial preparation and a trial.
  • Allows the party to bargain through counsel and to structure an agreement that contains important elements, in exchange for other elements which are less important. The court or a jury would make a decision without knowledge of or regard for these key elements.
  • Each side gets to see the other's best offer, and the parties can decide to take it or litigate.
  • Provides an opportunity to explore a range of solutions that may be outside the scope of the litigation.

Advantages for the Attorneys:

  • Negotiated agreements reduce the risk of an unfavorable outcome at trial.
  • The mediator, as a disinterested third party, can effectively facilitate negotiation in good faith.
  • Accomplishes the goals of the client without a disproportionate expenditure of attorney's fees.
  • Allows for more effective use of the attorney's time.
  • Client satisfaction.
  • Prevents negotiation distraction during trial process.

Advantages for the Court:

  • Resolves the case without the further expenditure of judicial resources.
  • If the dispute is resolved early and not on the eve of trial, it allows the Court to schedule other cases in the allotted time.
  • Voluntary settlements usually do not require post-trial enforcement proceedings.