New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.10 - Submission of Information; Certification Relating to Alternative Dispute Resolution

Current through Register Vol. 46, No. 28,
					 July 10, 2024
At the preliminary conference, counsel shall be prepared
						to furnish the court with the following:
(i) a complete caption, including the index
					 number;
(ii) the name, address,
					 telephone number, e-mail address and fax number of all counsel;
(iii) the dates the action was commenced and
					 issue joined;
(iv) a statement as
					 to what motions, if any, are anticipated; and
(v) copies of any decisions previously
					 rendered in the case. Counsel for each party shall also submit to the court at
					 the preliminary conference and each subsequent compliance or status conference,
					 and separately serve and file, a statement, in a form prescribed by the Office
					 of Court Administration, certifying that counsel has discussed with the party
					 the availability of alternative dispute resolution mechanisms provided by the
					 Commercial Division and/or private ADR providers, and stating whether the party
					 is presently willing to pursue mediation at some point during the litigation.
					 In addition, the statement to be submitted by counsel shall contain categories
					 of information about the case prescribed by the Office of Court Administration
					 which may assist the court, counsel and the parties in considering the role
					 mediation might play in the resolution of the case.
***
Further pursuant to the authority vested in me, I hereby
						prescribe a revised Alternative Dispute Resolution ("ADR") Attorney
						Certification form, and repeal the former version of that form, effective July
						1, 2019 (Exh. A).
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF
-----------
.................................... x
Part:_____
_______________
Index No.
: Plaintiff
- against- ALTERNATIVE DISPUTE RESOLUTION ("ADR")
						ATTORNEY CERTIFICATION
Defendant
____________
.................................... x
Pursuant to Rule 10 of the Commercial Division Rules, I
						certify that I have discussed with my client any Alternative Dispute Resolution
						options available through the Commercial Division and those offered by private
						entities. My client:
() presently wishes to jointly engage a mediator at an
						appropriate time to aid settlement.
() does not presently wish to jointly engage a mediator
						at an appropriate time to aid settlement.
This case involves the following (check all that are
						applicable):
[] an ongoing business or personal relationship among
						the parties
[] an employment agreement
[] a business transaction involving a commercial bank or
						other financial institution
[] commercial insurance coverage or environmental
						insurance coverage
[] construction litigation
[] the amount in issue is less than double the
						jurisdictional threshold amount for the Commercial Division in this County or
						Judicial District
[] issues that appear to require creative or flexible
						solutions
Dated: _______________ Signature:
_________________________
Attorney Name and Address:
_________________________
ATTORNEY FOR:
_________________________
Note: This certification must be served and filed
						pursuant to Rule 10 of the Commercial Division Rules, with a copy submitted to
						the court at the time of the Preliminary Conference and each subsequent
						Compliance or Status Conference. A separate certification is required for each
						party represented.