In addition to its mandatory program for arbitration, the Eastern District of New York has instituted a mediation program, first under its CJRA plan and subsequently by Local Civil Rule 83.11. The purpose of the program is to help parties settle disputes through joint and separate sessions with an attorney neutral. Parties select mediators, who serve pro bono, from the court's roster or from another source. Number of cases. Case selection Eligibility of cases.
All civil cases are eligible for the mediation program.
Judges and magistrate judges may designate civil cases for inclusion in the mediation program and when doing so must prepare an order to that effect. Alternatively, subject to the availability of qualified mediators, parties may consent to participate in mediation by preparing a stipulation signed by all parties and ordered by the court. Opt-out or removal. A party may withdraw from the mediation referral or mediation at any time after attending the first mediation session. A case may be referred to mediation at any stage in the litigation.