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Expediting the Resolution of Claims: New York’s Presumptive ADR is Coming to a Courthouse Near You

Building on her initiative to eliminate an immense backlog of cases, Chief Judge Janet DiFiore announced last April a plan to implement Presumptive ADR (alternative dispute resolution) for civil cases in courthouses throughout New York.  Judge DiFiore’s vision for the enhanced use of ADR, whether by mediation, arbitration, neutral evaluation, summary judge trials or otherwise, is part of her overarching goal that all civil cases are resolved at the earliest possible stage of litigation.

“Mediation, along with other forms of ADR, has high rates of success, allowing parties to focus on the issues of their dispute and helping preserve relationships, among cost-saving and other benefits.  A valuable case-management tool, ADR must play a greater role in the court system’s efforts to expedite cases and enhance access to justice,” said Judge DiFiore.

Accordingly, Judge DiFiore has directed that by the end of August 2019, the administrative judge of each of New York’s judicial districts must submit a Presumptive ADR plan to the Office of Court Administration, and upon approval, said plan will be implemented in September 2019 for both new and existing civil cases.  Simply stated—Presumptive ADR for all New York civil cases is right around the corner.

While certainly encouraged, resolving personal injury cases via ADR is not mandatory.  However, lawyers handling a personal injury case will now have numerous scheduled ADR appearances before the assigned Judge, a Judicial Hearing Officer and/or a Court Referee, all while simultaneously handling the case on a traditional litigation track.

David Barry of Collins Gann McCloskey & Barry, along with other prominent attorneys and judges, recently met with Nassau County’s Administrative Judge, the Hon. Norman St. George, J.S.C.  to discuss Presumptive ADR for personal injury cases in Nassau County Supreme Court.  Also, as Vice Chair of the Plaintiff’s Personal Injury Committee, David is assisting in hosting on October 23, 2019 a cocktail hour and seminar at the Nassau County Bar Association entitled “New York’s Presumptive ADR Comes to Nassau County: Torts and Medical Malpractice Focus.”  At this seminar, Justice St. George will discuss with the members of the bar his plan to implement Chief Judge DiFiore’s directive for Presumptive ADR.

As the court system in New York strives to reduce the backlog of civil cases and expedite the resolution of new claims, it is more important than ever to have an experienced, cutting-edge law firm on your side to navigate the complex and ever-changing field of personal injury law.  The attorneys at Collins Gann McCloskey & Barry have over eight decades of combined experience handling complex litigation in courts throughout Long Island and New York City, and are available to speak with you about your potential case 24-hours a day, 7-days a week.  Call us at 516.294.0300 or contact us online.

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