A Brief Guide to New York’s Alternative Dispute Resolution Initiative

Once you’ve decided to end your marriage, you may turn to a lawyer to help you navigate the divorce proceeding. Those in New York State may go through mediation or another form of alternative dispute resolution (ADR) to handle their divorce. In fact, New York State has adopted what is called Presumptive Alternate Dispute Resolution, which requires that most civil (non-criminal) cases be referred to ADR. Here’s a closer look at Presumptive ADR and what to expect as you move forward.

What Is Presumptive ADR?

In 2019, Chief Judge Janet DiFiore announced the Presumptive ADR Program. Pursuant to this statewide initiative, the majority of civil cases will be referred to ADR processes in contested matters in an attempt to resolve them early and efficiently. 

Why Choose ADR for Your Divorce?

Instead of offering compromises, a mediator facilitates a calm conversation between the couple so they can come to an agreement on their own.

Their goal is to make both parties feel heard and represented, helping to de-escalate conflicts regarding property, child custody and visitation, and other crucial decisions.

If, after the mediation process, a couple cannot come to an agreement, the divorce proceeds as a contested matter and is handled either by the parties ("pro-se”), or by attorneys.

If you’re hoping to reach a resolution with the help of a divorce mediator, turn to the Law Office of Dana Stricker, PLLC. Ms. Stricker offers mediation services to New York clients in the Bronx, Westchester County, and the surrounding areas. Learn more about mediation on her website, or call (914) 588-0651 to schedule a free consultation today.