Presumptive ADR: A Sea Change for Litigants and Practitioners
In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: "For several years, on an ad-hoc basis, Alternative Dispute Resolution programs have been in place in various courts throughout New York State. While all of these, and others, represent a wide-ranging definition of ADR and will certainly continue to shape settlements across the legal spectrum, we now find ourselves at a new moment."
August 27, 2019 at 11:00 AM
8 minute read
For several years, on an ad-hoc basis, Alternative Dispute Resolution (ADR) programs have been in place in various courts throughout New York State. These have ranged from a matrimonial mediation pilot in Kings County (of which we are a part) to a robust ADR program in the Commercial Division in New York County to judicial settlement conferences across the state. While all of these, and others, represent a wide-ranging definition of ADR and will certainly continue to shape settlements across the legal spectrum, we now find ourselves at a new moment.
In her State of Our Judiciary speech on Feb. 26, 2019, Chief Judge Janet DiFiore declared: "The time is right to provide litigants and lawyers with a broader range of options to resolve disputes without the high monetary and emotional costs of conventional litigation. We consider this vision of ADR to be an integral part of our Excellence Initiative, and we are excited to work with the Bar to make it a reality."
Given this charge and vision, we sought out the opportunity to speak with Lisa Denig, special counsel for ADR Initiatives, Office of Deputy Chief Administrative Judge George Silver. Ms. Denig is tasked with nothing short of implementing the state-wide Presumptive ADR Program.
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