March 13, 2024 - Finally!  After approximately two years since they were first proposed, New York now has enabling rules in effect, namely Part 160 of the Rules of the Chief Administrator of the Courts on Alternative Dispute Resolution in the Trial Courts (ww2.nycourts.gov/rules/chiefadmin/160.shtml), that provide courts with the ability to set neutral compensation!

What a long road to have traveled . . . but we’re not through yet.  With the enabling rules officially on the books now, it is now time to start thinking about setting a reasonable compensation “floor” for neutrals (or to at least have the New York State Office of Court Administration's ("OCA") new ADR Division issue official guidance on this topic and allow courts to set neutral compensation on a case-by-case basis).  

I have some idea of what that floor should be and will, please G-d, in the next couple of months, have a continuing legal education presentation prepared on the topic.  Perhaps Chief Administrative Judge Joseph Zayas (a/k/a the Chief Administrator of the Courts, who ultimately has the final say on how compensation issues will be determined) will be interested in attending this presentation, along with New York Court of Appeals Chief Judge Rowan Wilson, other members of the judiciary, Lisa Courtney, Esq., the new Head of OCA's ADR Division, and/or one or more senior officials from her office. 

Exciting times appear to be ahead, but we are still quite some distance from the proverbial summit (i.e., where at least some level of base fair and reasonable compensation is assured for neutrals working in New York court-annexed ADR programs).  Onwards and upwards!