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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: May 3, 2017

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on two proposed changes to the Commercial Division rules:

First, the OCA has proposed amendments of Commercial Division Practice Rules 10 and 11:

to require counsel for each party to certify to the court that they have discussed with their clients the availability of Alternative Dispute Resolution (“ADR”) options – through the Commercial Division ADR programs or otherwise – by the date of the preliminary conference, and indicate, on a form to be submitted at the preliminary conference ( and at each subsequent compliance or status conference), whether their clients presently wish to pursue mediation at some point during the litigation. If the parties are willing to mediate, counsel would then be required to jointly propose in the preliminary ( or compliance or status) conference order a date by which a mediator shall be identified for assistance with resolution of the action. T

Second, the OCA has proposed a model Commercial Division Compliance Conference Stipulation and Order Form.

E-mail comments on these proposals to rulecomments@nycourts.gov by June 5, 2017, for the proposed rule regarding ADR and May 30, 2017, for the proposed model Compliance Conference order.

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