N.Y. Comp. Codes R. & Regs. Tit. 22 r. 202.70.3 - Alternative Dispute Resolution (ADR); Settlement Conference Before a Justice Other Than the Justice Assigned to the Case

(a) At any stage of the matter, the court may direct or counsel may seek the appointment of an uncompensated mediator or neutral evaluator for the purpose of helping to achieve a resolution of all or some of the issues presented in the litigation. Counsel are encouraged to work together to select a mediator or neutral evaluator that is mutually acceptable and may wish to consult any list of approved neutrals in the county where the case is pending. Additionally, counsel for all parties may stipulate to having the case determined by a summary jury trial pursuant to any applicable local rules or, in the absence of a controlling local rule, with permission of the court.

(b) Should counsel wish to proceed with a settlement conference before a justice other than the justice assigned to the case, counsel may jointly request that the assigned justice grant such a separate settlement conference. This request may be made at any time in the litigation. Such request will be granted in the discretion of the justice assigned to the case upon finding that such a separate settlement conference would be beneficial to the parties and the court and would further the interests of justice. If the request is granted, the assigned justice shall make appropriate arrangements for the designation of a "settlement judge."

Notes

N.Y. Comp. Codes R. & Regs. Tit. 22 r. 202.70.3

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/1/2015 Amended New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 7/1/2016 Amended New York State Register January 9, 2019/Volume XLI, Issue 02, eff. 1/9/2019 Amended New York State Register November 17, 2021/Volume XLIII, Issue 46, eff. 12/20/2021