Commercial Division litigators often hope that mediation will lead to a negotiated settlement, but their expectation – based on their prior experience – is that it will not. In this sense, mediation seems to have significant unrealized potential as a settlement tool in the Commercial Division.
A new proposal of the ADR Committee of
Two recent amendments to the Commercial Division Rules, designed to encourage alternative dispute resolution, will go into effect on January 1, 2018.
The amendment to Rule 10 requires counsel to certify that they have discussed with their clients the availability of alternative dispute resolution options in their case. Specifically, counsel will be required to submit
One aspect of the Commercial Division that makes it a highly desirable forum for litigators and litigants alike is its focus on the efficient administration of justice. The Commercial Division Advisory Council (the “Advisory Council”), established by New York’s Chief Judge to make recommendations to improve and enhance the Commercial Division, recently proposed three amendments