N.Y. Judiciary Law § 849-b: Establishment and administration of centers

§ 849-b. Establishment and administration of centers. 1. There is

hereby established the community dispute resolution center program, to

be administered and supervised under the direction of the chief

administrator of the courts, to provide funds pursuant to this article

for the establishment and continuance of dispute resolution centers on

the basis of need in neighborhoods, and to provide funds for the

establishment and implementation of a pilot program in accordance with

subdivision (b) of section four hundred twenty-five of the family court

act.

2. Every center shall be operated by a grant recipient.

3. All centers shall be operated pursuant to contract with the chief

administrator and shall comply with all provisions of this article. The

chief administrator shall promulgate rules and regulations to effectuate

the purposes of this article, including provisions for periodic

monitoring and evaluation of the program.

4. A center shall not be eligible for funds under this article unless:

(a) it complies with the provisions of this article and the applicable

rules and regulations of the chief administrator;

(b) it provides neutral mediators who have received at least

twenty-five hours of training in conflict resolution techniques;

(c) it provides dispute resolution without cost to indigents and at

nominal or no cost to other participants;

(d) it provides that during or at the conclusion of the dispute

resolution process there shall be a written agreement or decision

setting forth the settlement of the issues and future responsibilities

of each party and that such agreement or decision shall be available to

a court which has adjourned a pending action pursuant to section 170.55

of the criminal procedure law or, in the case of written agreements

reached pursuant to the pilot program established pursuant to

subdivision (b) of section four hundred twenty-five of the family court

act, that such agreement shall be submitted to the family court for

approval in accordance with such section;

(e) it does not make monetary awards except upon consent of the

parties and such awards do not exceed the monetary jurisdiction of the

small claims part of the justice court, except that where an action has

been adjourned in contemplation of dismissal pursuant to section 215.10

of the criminal procedure law, a monetary award not in excess of five

thousand dollars may be made; and

(f) it does not accept for dispute resolution any defendant who is

named in a filed felony complaint, superior court information, or

indictment, charging: (i) a class A felony, or (ii) a violent felony

offense as defined in section 70.02 of the penal law, or (iii) any drug

offense as defined in article two hundred twenty of the penal law, or

(iv) a felony upon the conviction of which defendant must be sentenced

as a second felony offender, a second violent felony offender, or a

persistent violent felony offender pursuant to sections 70.06, 70.04 and

70.08 of the penal law, or a felony upon the conviction of which

defendant may be sentenced as a persistent felony offender pursuant to

section 70.10 of such law.

5. Parties must be provided in advance of the dispute resolution

process with a written statement relating:

(a) their rights and obligations;

(b) the nature of the dispute;

(c) their right to call and examine witnesses;

(d) that a written decision with the reasons therefor will be

rendered; and

(e) that the dispute resolution process will be final and binding upon

the parties.

6. Except as otherwise expressly provided in this article, all

memoranda, work products, or case files of a mediator are confidential

and not subject to disclosure in any judicial or administrative

proceeding. Any communication relating to the subject matter of the

resolution made during the resolution process by any participant,

mediator, or any other person present at the dispute resolution shall be

a confidential communication.