USA – NEW YORK Law and Practice Contributed by: Gretchen Beall Schumann and Lindsay R Pfeffer, Rabin Schumann and Partners LLP
3.4 ADR Mechanisms Outside the Court Process There are private options for alternative dispute resolution, including mediation, arbitration and/ or collaborative law. ADR Methods Mandated by Court Some courts have established county-specific mediation and neutral evaluation programmes. Some mandate party participation and some are voluntary. The courts may also directly facilitate settlement conferences. There are no material penalties for non-compli - ance, as most programmes are voluntary. Status of Agreement Reached via a Non- Court Process Such agreements are enforceable. However, they may not be enforced using remedies appli - cable to court orders unless the agreement is So Ordered and/or incorporated into a judgment of divorce signed by a judge.
Requirements Imposed by Statute There are no requirements imposed by statute for parties to engage in alternative dispute reso - lution. 3.5 Media Access and Transparency Media and Press Reporting The media and press are able to report on child cases, however, the records of divorce and fam - ily matters in the New York Supreme and Fam - ily courts are sealed by default, and not made available to the public. Only the parties and their attorneys have access. Anonymising the Child A child’s initials are used in court decisions regarding custody and child support.
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