The U.S. District Court for the Western District of New York expanded its Alternative Dispute Resolution (ADR) mediation program to Rochester as of July 1, 2012. The ADR program began as a Pilot Program in the Buffalo Division on Jan. 1, 2006, and has had a settlement rate of over 70 percent.1 Now, the entire district will participate in the ADR program, which is officially known as the “Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York” (the ADR Plan).2
The ADR Plan provides that all new civil cases filed in, or transferred to, the court are referred automatically to mediation unless expressly exempt.3 For all other pending civil cases, the assigned judge may sua sponte refer a case to ADR or the parties may stipulate to the use of ADR. For the expansion to the Rochester Division of the Western District, since July 1, 2012, newly filed cases have been automatically referred to ADR (about 150 at the time of writing), and the court has referred nearly 200 pending cases to the program.
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