New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1220 - Mediation Of Attorney-client Disputes › Section 1220.7 - Appendix

Current through Register Vol. 46, No. 28, July 10,
					 2024
ATTORNEY-CLIENT MEDIATION PROGRAM
GUIDELINES FOR ATTORNEYS, CLIENTS AND MEDIATORS
1. INTRODUCTION TO PROGRAM
It is the responsibility of the Appellate Divisions of
						the Supreme Court to ensure that attorneys are fit to practice law and adhere
						to proper ethical standards through the disciplinary programs administered by
						the Grievance Committee or the Office of Chief Counsel ("disciplinary office")
						in each judicial department. When clients assert that an attorney's conduct
						jeopardizes the public interest or severely prejudices a client's rights, such
						misconduct is subject to formal disciplinary procedures. These procedures can
						result in private sanctions, public censure, suspension or disbarment. When
						clients assert grievances that may not warrant formal disciplinary procedures,
						such grievances may be appropriate for referral by the disciplinary office to
						the Program for Mediation of Attorney-Client Disputes that has been established
						by the Appellate Divisions at 22 NYCRR Part 1220 (April 1998).
2. THE MEDIATION PROCESS
Mediation is a proven means of dispute resolution which
						enables parties to meet together in an informal atmosphere with the assistance
						of a neutral mediator in order to find solutions that address their interests
						and needs. Mediation can provide attorneys, clients and the disciplinary office
						with an effective means of resolving minor disputes in a non-adversarial
						manner. Mediation provides an opportunity to address a client's underlying
						interests and needs, while minimizing costs for attorneys in defending minor
						complaints and encouraging a positive relationship between attorneys and their
						clients and the disciplinary office.
3. COMPLAINTS SUBJECT TO MEDIATION
The disciplinary office will evaluate a client's
						complaint about an attorney's conduct to determine whether it is appropriate
						for mediation. Referral to mediation is entirely within the discretion of the
						disciplinary office and neither the complainant nor the attorney has any
						presumptive right to have a complaint referred to mediation. However, once the
						disciplinary office deems a complaint appropriate for mediation, and the
						parties agree to mediate, each party shall cooperate in the mediation process.
						The types of cases that will be referred to mediation generally are those in
						which there has been a breakdown in the attorney-client relationship and where
						the complaint could be resolved best through conciliation and not formal
						disciplinary proceedings.
4.
					 COMPLAINTS EXCLUDED FROM MEDIATION
(a)
Misconduct in the Complaint.
Since avoidance of ethical
					 misconduct by attorneys is a matter of public interest to the State and the
					 courts, a complaint will not be considered appropriate for referral to
					 mediation when it asserts ethical misconduct that could be subject to private
					 sanctions, public censure, suspension or disbarment, including, but not limited
					 to:
(1) escrow violations;
(2) allegations of criminal
					 conduct;
(3) a pattern of similar
					 misconduct or behavior (existing over a reasonable period of time);
(4) allegations of abuse of alcohol or drugs
					 or of physical or mental impairment.