Does New York Have Mandatory Court-Annexed Mediation?
Direct Answer
New York does not have one statewide mandatory mediation rule. Instead, mediation is handled through court-specific programs, including Commercial Division ADR, small claims mediation, and Community Dispute Resolution Centers.
New York does not have a single statewide mandatory mediation rule equivalent to Florida's Rule 1.700. Instead, mediation is administered through a patchwork of court-specific programs. The Commercial Division of the Supreme Court (available in New York, Kings, Queens, Nassau, Westchester, Erie, Monroe, and Onondaga counties) has a robust Alternative Dispute Resolution (ADR) program under Commercial Division Rule 3 that allows judges to refer cases to mediation, neutral evaluation, or arbitration. The New York City Civil Court operates the Small Claims Mediation Program. The Unified Court System's Office of ADR Programs administers the Community Dispute Resolution Centers (CDRCs) statewide, funded under Judiciary Law §849-b, which provide free or low-cost mediation for community, family, and minor civil disputes. In matrimonial cases, courts may refer parties to mediation under Domestic Relations Law §236, but mediation is not mandatory for divorce. The New York State Dispute Resolution Association (NYSDRA) is the primary professional association for mediators and administers the CDRC network.