ALTERNATIVE DISPUTE RESOLUTION (ADR)

     Alternative Dispute Resolution (ADR) is a vehicle for encouraging earlier, less costly resolutions of disputes than are otherwise attainable by trial.  Mediation will be the primary ADR intervention utilized under the "Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York" (the ADR Plan).  Mediation is a process in which an impartial neutral (the Mediator) facilitates communication among the litigants to help them reach a mutually agreeable resolution to their dispute.  A hallmark of mediation is its capacity to go beyond traditional settlement discussions and explore creative outcomes responsive to the participants= needs and interests.  As set forth in the ADR Plan, other forms of ADR intervention will be made available upon the agreement of all parties.

Standing Order Authorizing the Pilot ADR Program

    The District Judges for the Western District of New York first authorized the implementation of a pilot ADR program to operate from January 1, 2006 through December 31, 2006.  The pilot ADR program has now been extended through December 31, 2008.  All newly filed cases assigned to Chief Judge Richard J. Arcara and District Judge William M. Skretny will automatically be referred to mediation.  All other Judges, at their discretion, may refer cases to ADR under the Plan.

ADR Plan - Revised January 1, 2008

     The District Judges for the Western District of New York have revised the ADR Plan based on comments received during the first two years of the  pilot program.  Specifically, Section 2.1(A) now exempts prisoner civil rights cases from automatic referral; 2.3(A) clarifies that a party, as well as a neutral, may report violations of the ADR Plan; the deadlines in 4.3(A), 5.3(C) and 5.5(B) have each been extended by fifteen (fifteen) days; and 5.3(D) provides that a party who has been granted in forma pauperis status is automatically relieved from the payment of mediation fees.

Proposed Local Rule 16.2
dated January 1, 2008

ADR Timeline

Mediator List

Arbitrator List

FORMS
Stipulation - Selection of Mediator
Motion - Waiver of ADR Fee
Mediation Certification
Mediator Application

          All Mediator Applications will be eligible for consideration for openings on the Mediator List as they arise.  Applicants must have completed, or be prepared to complete, a Court-sponsored mediator training program or acceptable equivalent. 

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