New Court System Initiative Says Mediate before You Litigate

New York Courts Rollout Presumptive Mediation in Matrimonial Cases
In an effort to quell the volume of divorce litigation in New York Courts, Presumptive Mediation is being rolled out for matrimonial cases this September. Whether or not couples choose the path of mediation, the Courts now say couples should at least try it, and are putting measures in place to ensure that they do.

In May of 2019, the New York Courts announced a system wide initiative to refer parties in civil cases, including matrimonial cases (with a few exceptions) to mediation. The implementation of Presumptive Mediation begins this month, September 2019, with each county in New York State developing protocols and guidelines in order to facilitate mediation in each respective county.

What does this mean for couples who litigate their divorce?
When a couple initiates a divorce proceeding, either party may request that a judge be assigned to their case and that a “preliminary conference” be held. This conference takes place at the courthouse and specific deadlines are set and orders are signed by the judge.

With the implementation of Presumptive Mediation, at the preliminary conference, the couple will now be referred to mediation as well. The parties may choose a mediator from the list provided by the court who will provide the first 90 minutes of mediation free of charge, or the parties may choose their own mediator, at their own cost. Participation in the mediation process will not act to delay the court proceedings – the case will proceed with the same deadlines in place while the mediation is ongoing.

What does the endorsement and encouragement of mediation by the Courts mean?
This initiative encourages the parties to shift their attitude and perspective by letting go of the idea that people going through divorce must be adversaries. With the implementation of Presumptive Mediation, the Courts have formally recognized that mediation is an extremely useful process that has been very successful in helping parties resolve their disputes, often with a win-win outcome.

What does this mean for the future of mediation?
For those of us who have been supporters and facilitators of the mediation process, this shift in the Court’s perspective is hopeful and promising. As mediators, we are and have long been advocates of a less adversarial and more communicative means of resolving conflicts. Now, the Courts too are embracing the mediation process and are encouraging parties to attempt problem solving by using a more collaborative and less confrontational method.

As always, if you have any questions about this article, the mediation process, or about whether mediation is right for your situation, I would love to hear from you.