2023 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.