Here is the direct link (a PDF file) explaining how to send comments as well as the proposal: http://www.nycourts.
Below is a recent article on the proposal, I looked for another to present a neutral or positive view too but couldn't find any.
From the proposal:
- The parties will be given flexibility to select their own mediator or request once from the Commercial Division's roster of neutrals.
- The proposal, if approved, will last only for 18 months so it can be reviewed.
- Mediation must be complete within 180 days of assignment to a Commercial Division Justice
Are you a mediator and want to join the roster of neutrals? Here's the application:
From the application:
- Requirements: have at least 10 years of experiences a practitioner of commercial law or, for accountants or business, an equivalent level of experience, and meet training and experience requirements of Part 146
- Mediations proceed for four hours without charge to the parties.
Here's my thoughts:
According to the document, the purpose of the pilot is to continue to make "New York a desirable place to conduct business and the Commercial Division as a forum that will facilitate the cost-effective solution of their disputes." Why should this cost-effective measure include four free hours? What other profession provides four hours of free service?
I wonder, does the court require any other profession to work their first four hours for free? This reminds me of the Global Pound Conference talking about the state of mediation- is it a profession or a mainly a volunteer corps?