Dear Supporters:
Happy 2022, and I hope that you, family, friends, and colleagues are all well. Please see the following February 7, 2022 message from Ross Kartez, Chair of the New York State Bar Association ("NYSBA") Dispute Resolution Section, which I have edited to include a link to the proposed new STATEWIDE NY ADR Rules:
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Re: Public Comment on the Proposed ADR Rules
This is an exciting time to be a member of the NYS dispute resolution community, as we experience and promote a culture change in the world of disputes, where parties can expect to negotiate and/or mediate first, and litigate or arbitrate second.
On February 3, 2022, the Administrative Board of the Courts circulated, for public comment, the Statewide ADR Advisory Committee's proposed new Part 60 Rules of the Chief Judge, along with the proposed new Part 160 Rules of the Chief Administrative Judge, to establish general statewide rules for presumptive ADR. A copy of the proposal [can be downloaded here: https://drive.google.com/file/d/1CEht8ZcYTAA-HTnNmaXKAoZem3fye2CJ/view?usp=sharing].
I have formed a Taskforce to assist in providing our response and support of these rules. As a Section member, I invite you to provide suggestions to be included in the Section's response. The Taskforce will consider your suggestions before providing a proposal to the Executive Committee, which I expect will be voted on during our March 17 Executive Committee Meeting.
If you plan to provide suggestions. please:
1. Provide your comments to me at rkartez@rmfpc.com.
2. Put "Suggestions for Public Comment on the Proposed ADR Rules" in the subject line.
3. Use brief bullet points to provide your suggestions.
4. Submit your suggestions by Friday February 18.
Thank you for your assistance and support!
Ross J. Kartez
Chair, Dispute Resolution Section
NYSBA
Note from EEW: I would also cc Eileen D. Millett, Esq., Counsel, Office of Court Administration, at rulecomments@nycourts.gov.
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As far as neutral compensation is concerned, the proposed statewide rules provide for local courts within New York State to establish neutral compensation policies, which is in line with the objectives of this petition and loosely tracks federal legislation concerning neutral compensation. (See 28 U.S.C. 658 at https://www.law.cornell.edu/uscode/text/28/658).
This is certainly a step in the right direction toward seeing NY neutrals fairly compensated for their hard work.
However, there is nothing in the proposed statewide rules that prohibit such local courts from adopting unfair and unjust "free time" policies that require neutrals to provide a set period of time--usually 90 minutes but sometimes as much as 180 minutes--of uncompensated ADR services.
As such, should you decide to contact Mr. Kartez and/or Ms. Millett above, please let them know--and feel free to cite to the updated Table of State Neutral Compensation Rules and Statutes at https://tinyurl.com/State-Neutral-Comp-Statutes--that New York is only one of three states in the Union (with the other two being New Jersey and California (to a limited extent)) that have abusive and unjust "free time" policies instituted state-wide and that such effective slavery policies severely diminish the value of ADR to both neutrals and stakeholders. In addition, these policies limit the opportunities of diverse neutrals seeking to gain experience. See https://drive.google.com/file/d/1Tbu0Jvr7v_tTOyEngsdeJN0QTmNeWG4s/view?usp=sharing.
With enough support and comments, the end of "free time" slavery in New York is potentially at hand, but we have to act now! There are currently 368 of us. Let's make our voices heard to ensure that New York's courts provide for fair and reasonable neutral compensation for neutrals working in court-annexed programs, and as always, please do what you can to circulate/promote the petition to others.
All the best,
Elan