The Commercial Division Advisory Council has proposed that the court adopt a pilot program for New York County’s Commercial Division that would send every fifth newly assigned case to mediation unless the parties stipulate otherwise or one party makes a good cause showing that mediation would be ineffective or unjust. A copy of the proposal is available here.
The pilot program is described as “fairly conservative” and flexible in the December 11, 2013 proposal. The program is purportedly...