S.D.N.Y. Local Civil Rule 83.8

(a) Definition: Mediation is a confidential process in which parties and counsel meet

with a neutral third party trained to facilitate settlement discussions. The mediator

works with the parties to identify interests, probe the strengths and weaknesses of

each party’s legal position, and generate options to resolve the dispute.

Mediation is an expeditious and less costly form of dispute resolution that

provides litigants with creative solutions that are often unavailable in traditional

litigation.

(b) Consideration of Alternative Dispute Resolution

Litigants in all civil cases are required to consider the use of an alternative dispute

resolution (“ADR”) such as mediation.

(c) Administration of the Mediation Program

(1) The ADR Administrator, appointed by the Clerk of the Court, will administer

the Court’s Mediation Program. The Chief Judge will appoint one or more

district or magistrate judges to oversee the Mediation Program.

(2) The Mediation Program is governed by the “Procedures of the Mediation

Program for the Eastern District of New York” (“Mediation Procedures”).

Mediation Procedures provides specific information on the mediation

process, mediator qualifications, reporting, and related topics. Mediation

Procedures can be found on the Court’s website.

(d) Referrals to the Mediation Program

(1) All civil cases are eligible for mediation. District and magistrate judges may

designate civil cases for inclusion in the Mediation Program by issuing an

order referring the case to mediation.

(2) Parties may request a referral to the Mediation Program and the referral

becomes effective when so ordered by the Court.

(3) The Board of Judges may, by Administrative Order, direct that specified

categories of cases will automatically be referred to mediation. The assigned

judge may issue a written order exempting a particular case from mediation

with or without the request of the parties.

(e) Mediators

(1) Parties referred to mediation may use a mediator from the Court’s panel

(“Panel Mediator”) or select a private (non-panel) mediator.

(2) The Court maintains a list of qualified mediators with extensive subject

matter expertise. A list of Panel Mediators is available on the Court’s

website.

(3) Panel Mediators are compensated at a rate set by the Board of Judges and

posted on the Court’s website. Any party that is unable to pay the fee may

apply to the referring judge for a waiver of the fee.

(f) Attendance at Mediation Sessions

A party and/or representative (other than outside counsel) familiar with the matter

possessing full settlement authority and the attorney responsible for handing the

matter must attend the mediation session unless the mediator approves otherwise.

(g) Confidentiality

(1) The mediation shall be considered a settlement negotiation for the purpose of

all federal and state rules protecting disclosures from later discovery or use in

evidence.

(2) The parties may not call the mediator as a witness or deponent nor compel

the mediator to produce documents received or prepared for the mediation.

(3) No record/recording of the mediation shall be made (except to memorialize a

settlement).

(h) Immunity of the Mediators. Panel Mediators are immune from liability or suit with

respect to their conduct in Court referred mediations to the maximum extent

permitted by applicable law.

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