Attorneys in New York’s Commercial Division would have to assure the court early on that they had talked with their clients about the availability of alternate dispute resolution (ADR), under a proposed regulation by state court administrators.
The proposal by the Commercial Division Advisory Council would require attorneys for each party to certify at the preliminary conference and each compliance or status conference that they had discussed ADR options with clients and state whether their client is willing to pursue mediation at some point in the litigation.
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