NY Jud L § 39-A (2021)
2021 New York Laws JUD - Judiciary Article 2 - General Provisions Relating to Courts and Judges 39-A - Mediation.

§  39-a. Mediation. 1. Where, pursuant to paragraph (a) of subdivision three of section thirty-nine of this article, the chief administrator of the courts determines that a political subdivision has ceased or  failed during  a state fiscal year to provide goods, services and facilities of a specified value, he or she may not notify the state comptroller of his or her determination in accordance with such paragraph unless the  chief executive  officer  of  the  affected  political  subdivision  is  first notified thereof and provided a  period  of  thirty  days  in  which  to request mediation in accordance with subdivisions three and four of this section.  Where  mediation  is so requested, the chief administrator may only notify the state comptroller of his or her determination,  pursuant to  paragraph  (a)  of  subdivision three of section thirty-nine of this article, under the circumstances set forth in subdivision four  of  this section.   2.  In  the  event  that  the  court  facilities  capital review board determines not to approve an assessment and plan submitted by the  chief executive officer of a political subdivision pursuant to section sixteen hundred  eighty-c  of  the public authorities law, or the board fails to act upon such assessment  and  plan  within  sixty  days  of  submission thereof  to  the  board  and  the  chief  administrator  disapproves the assessment and plan, the chief administrator  shall  consult  with  such chief  executive officer in an effort to resolve any matters in dispute, and shall, if the chief executive officer so requests, request mediation in accordance with subdivisions three and four of this section.   3. Mediation shall consist of expedited proceedings to effectuate  the voluntary resolution of any dispute between the court facilities capital review  board  and  a  political  subdivision  concerning  approval of a capital plan pursuant to section sixteen hundred eighty-c of the  public authorities  law  or the chief administrator's determination pursuant to paragraph (a) of  subdivision  three  of  section  thirty-nine  of  this article.  The  mediator  shall  be  appointed  by agreement of the chief administrator and the chief executive officer of the affected  political subdivision   from  a  list  of  mediators  submitted  by  the  American Arbitration Association.   4.  In  mediating  the  dispute,  the   mediator   shall   take   into consideration,  in addition to any other relevant factors, the political subdivision's legal obligation under section thirty-nine of this article to provide goods, services and facilities suitable  and  sufficient  for the  transaction of business, and the financial ability of the political subdivision to pay for the goods, services and facilities  in  light  of the  totality of its needs and the resources available. In the event the chief administrator and the chief executive  officer  of  the  political subdivision   fail   to  achieve  agreement  within  ninety  days  after commencement of the mediation, or such longer period as they  may  agree upon,  the  chief  administrator  may  notify  the  state comptroller as provided in paragraph (a) of subdivision three of section thirty-nine of this article provided:  (a) mediation was  requested  pursuant  to  subdivision  one  of  this section, or  (b)  mediation  was  requested  pursuant  to  subdivision  two of this section and at least twenty-four months have elapsed since the effective date of this section.