E.D.N.Y. Local Civil Rule 83.9

[formerly Local Civil Rule 83.12]

(a) Alternative Dispute Resolution Options

The United States District Court for the Southern District of New York provides

litigants with opportunities to discuss settlement through judicial settlement

conferences and mediation.

(b) Definition of Mediation

In mediation, parties and counsel meet, sometimes collectively and sometimes

individually, with a neutral third party (the mediator) who has been trained to

facilitate confidential settlement discussions. The parties articulate their respective

positions and interests and generate options for a mutually agreeable resolution to

the dispute. The mediator assists the parties in reaching their own negotiated

settlement by defining the issues, probing and assessing the strengths and

weaknesses of each party’s legal positions, and identifying areas of agreement and

disagreement. The main benefits of mediation are that it can result in an

expeditious and less costly resolution of the litigation, and it can produce creative

solutions to complex disputes often unavailable in traditional litigation.

Supporting documents can be found at

https://nysd.uscourts.gov/programs/mediation-adr.

(c) Administration of the Mediation Program

(1) The Mediation Supervisor, appointed by the clerk of court, will administer

the court’s mediation program. The chief judge will appoint one or more

district judges or magistrate judges to oversee the program, including the

adjudication of allegations that a party or a party’s attorney has failed to

comply with the procedures of the Mediation Program.

(2) The Mediation Supervisor, in consultation with other court personnel, will

ensure that information about the court’s mediation program is available on

the court’s website and will be updated as needed.

(3) The mediation program will be governed by the “Procedures of the

Mediation Program for the Southern District of New York,” which sets forth

specific and more detailed information regarding the mediation program,

and which is available on the court’s official website

(https://nysd.uscourts.gov) or from the Mediation Office.

(4) The scheduling of mediation will not interfere with any scheduling order of

the court.

(d) Consideration of Alternative Dispute Resolution

In all civil cases, including those eligible for mediation under paragraph (e), each

party must consider the use of mediation or a judicial settlement conference and

must report to the assigned judge at the initial Rule 16(b) case management

conference, or subsequently, whether the party believes mediation or a judicial

settlement conference may facilitate the resolution of the lawsuit. Judges are

encouraged to note the availability of the mediation program and/or a judicial

settlement conference before, at, or after the initial Rule 16(b) case management

conference.

(e) Mediation Program Eligibility

(1) All civil cases other than social security, habeas corpus, and tax cases are

eligible for mediation, whether assigned to Manhattan or White Plains.

(2) The Board of Judges may, by Administrative Order, direct that certain

specified categories of cases will automatically be submitted to the mediation

program. The assigned district judge or magistrate judge may issue a written

order exempting a particular case with or without the request of the parties.

(3) For all other cases, the assigned district judge or magistrate judge may

determine that a case is appropriate for mediation and may order that case to

mediation, with or without the consent of the parties, before, at, or after the

initial Rule 16(b) case management conference. Alternatively, the parties

should notify the assigned judge at any time of their desire to mediate.

(f) Judicial Settlement Conferences

Judicial settlement conferences may be ordered by district judges or magistrate

judges with or without the request or consent of the parties.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.