Putney, Twombly, Hall & Hirson LLP
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Tel: (212) 682-0020


March 8, 2011

SDNY Refers Employment Discrimination Cases to Mediation

Recently, the United States District Court for the Southern District of New York (“SDNY”) began automatically referring all employment discrimination cases filed in the SDNY to the SDNY mediation program.  This is an effort by the SDNY to encourage settlement at the early stages of litigation.  Previously, the decision to participate in mediation was left to the discretion of the parties.  The program does not involve cases brought under the Fair Labor Standards Act (“FLSA”).

  Once a case is referred to mediation, the Mediation Supervisor assigns the next available mediator from a list of certified mediators.  The mediators are experienced attorneys who have completed SDNY sponsored mediation training.  Within 30 days of the assignment of the mediator, the parties must meet with the assigned mediator for an initial mediation session.  The mediation will conclude when the parties reach a resolution of some or all issues or when the mediator concludes that resolution is impossible.    

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If you should have any questions regarding mediation, please contact us.