N.Y. Judiciary Law § 39-a: Mediation

§ 39-a. Mediation. 1. Where, pursuant to paragraph (a) of subdivision

three of section thirty-nine of this article, the chief administrator of

the courts determines that a political subdivision has ceased or failed

during a state fiscal year to provide goods, services and facilities of

a specified value, he or she may not notify the state comptroller of his

or her determination in accordance with such paragraph unless the chief

executive officer of the affected political subdivision is first

notified thereof and provided a period of thirty days in which to

request mediation in accordance with subdivisions three and four of this

section. Where mediation is so requested, the chief administrator may

only notify the state comptroller of his or her determination, pursuant

to paragraph (a) of subdivision three of section thirty-nine of this

article, under the circumstances set forth in subdivision four of this

section.

2. In the event that the court facilities capital review board

determines not to approve an assessment and plan submitted by the chief

executive officer of a political subdivision pursuant to section sixteen

hundred eighty-c of the public authorities law, or the board fails to

act upon such assessment and plan within sixty days of submission

thereof to the board and the chief administrator disapproves the

assessment and plan, the chief administrator shall consult with such

chief executive officer in an effort to resolve any matters in dispute,

and shall, if the chief executive officer so requests, request mediation

in accordance with subdivisions three and four of this section.

3. Mediation shall consist of expedited proceedings to effectuate the

voluntary resolution of any dispute between the court facilities capital

review board and a political subdivision concerning approval of a

capital plan pursuant to section sixteen hundred eighty-c of the public

authorities law or the chief administrator's determination pursuant to

paragraph (a) of subdivision three of section thirty-nine of this

article. The mediator shall be appointed by agreement of the chief

administrator and the chief executive officer of the affected political

subdivision from a list of mediators submitted by the American

Arbitration Association.

4. In mediating the dispute, the mediator shall take into

consideration, in addition to any other relevant factors, the political

subdivision's legal obligation under section thirty-nine of this article

to provide goods, services and facilities suitable and sufficient for

the transaction of business, and the financial ability of the political

subdivision to pay for the goods, services and facilities in light of

the totality of its needs and the resources available. In the event the

chief administrator and the chief executive officer of the political

subdivision fail to achieve agreement within ninety days after

commencement of the mediation, or such longer period as they may agree

upon, the chief administrator may notify the state comptroller as

provided in paragraph (a) of subdivision three of section thirty-nine of

this article provided:

(a) mediation was requested pursuant to subdivision one of this

section, or

(b) mediation was requested pursuant to subdivision two of this

section and at least twenty-four months have elapsed since the effective

date of this section.