This column is the third in a series about mediating during an economic recession. We have focused on two general facets: the impact to litigants and to the mediation process itself. In this column, we explore a unique program, offered in Manhattan Civil Court, geared toward consumers with mounting debt and creditors seeking to recoup monies they have loaned.
In March 2007, Judge Fern A. Fisher, then-administrative judge, issued a directive establishing “Mandatory Consumer Credit Mediation.” In so doing, Judge Fisher acknowledged the increasing number of cases as well as the nearly eight-month delay between filing an answer and the pre-arbitration conference.1 Cases are screened by court clerks, and appropriate cases are scheduled for Part 3-M, the mandatory mediation part, within just 15 days of filing an answer.2 Anecdotally, since the establishment of the Part, it has become increasingly challenging for creditors to recoup loans and debtors faced with unemployment (or under-employment) to keep up with their payment obligations. Therefore, the mission of the Part has never been more relevant.
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