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Civil litigation

mediation

Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In New York, mediation is a widely recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. While the courts in New York may order parties to participate in mediation, particularly in civil lawsuits, the parties are not obligated to reach a settlement during the mediation process. If the parties cannot resolve their differences through mediation, the case may continue to trial where a judge or jury will make a final decision on the matter. Importantly, under New York law, communications during mediation are typically confidential and are not admissible as evidence in trial, which encourages open dialogue and negotiation without fear that statements made during mediation will be used against the parties later in court.

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Civil litigation

mediation

Individual & Family Legal Plan

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Civil litigation

mediation

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