What is Presumptive Mediation?

New York recently began a program of presumptive mediation in most if not all of the courts in the state. But what is presumptive mediation and how does it work? Presumptive mediation is now the dispute resolution method of choice in the courts that use this tool. That means that when a lawsuit is filed the court will let the parties to the lawsuit know pretty early on in the litigation that they have the choice, or in some cases will be directed, to attend a session with a mediator. A mediator is a trained professional who serves as a neutral facilitator who is available to help the parties craft a solution to their dispute on their own terms. In New York, each court now has a roster of trained mediators who are available to facilitate a mediation on a pro bono basis, for free, at least for the first session, which usually lasts 90 minutes. The mediators on this roster have been vetted by the court for training and experience. After the free session the parties then decide if they wish to pay the mediator to continue on a paid basis or if they want to return to court. If they continue with the mediator the mediator will usually enter into a written agreement that spells out the terms of the private mediation including the mediator's fees and the guidelines for the conduct of the mediation going forward.