Local Civil Rule 83.8 (S.D.N.Y. and E.D.N.Y.) — Court-Annexed Mediation (Eastern District Only) [formerly Local Civil Rule 83.11]
A published court requirement that applies in New York. Category: Local Rules. Effective January 2, 2026. Verified against the official source (E.D.N.Y. — Local Rules & Division of Business (U.S. District Court, Eastern District of New York)) on November 7, 2026.
Summary
Local Civil Rule 83.8 (S.D.N.Y. and E.D.N.Y.) — Court-Annexed Mediation (Eastern District Only) [formerly Local Civil Rule 83.11]: the court's own rule, verbatim from Local Rules of the United States District Courts for the Southern and Eastern Districts of New York (Effective January 2, 2026), official PDF, sha-custodied. Court-level requirement: applies in every civil, criminal, admiralty, patent and Social Security case before the U.S. District Court for the Eastern District of New York as its series states, alongside the federal rules and any judge-specific procedures; adopted jointly with the Southern District of New York and carded here as the Eastern District applies them.
Requirement
(a) Definition: Mediation is a confidential process in which parties and counsel meet with a neutral third party trained to facilitate settlement discussions. The mediator works with the parties to identify interests, probe the strengths and weaknesses of each party’s legal position, and generate options to resolve the dispute. Mediation is an expeditious and less costly form of dispute resolution that provides litigants with creative solutions that are often unavailable in traditional litigation. (b) Consideration of Alternative Dispute Resolution Litigants in all civil cases are required to consider the use of an alternative dispute resolution (“ADR”) such as mediation. (c) Administration of the Mediation Program (1) The ADR Administrator, appointed by the Clerk of the Court, will administer the Court’s Mediation Program. The Chief Judge will appoint one or more district or magistrate judges to oversee the Mediation Program. (2) The Mediation Program is governed by the “Procedures of the Mediation Program for the Eastern District of New York” (“Mediation Procedures”). Mediation Procedures provides specific information on the mediation process, mediator qualifications, reporting, and related topics. Mediation Procedures can be found on the Court’s website. (d) Referrals to the Mediation Program (1) All civil cases are eligible for mediation. District and magistrate judges may designate civil cases for inclusion in the Mediation Program by issuing an order referring the case to mediation. (2) Parties may request a referral to the Mediation Program and the referral becomes effective when so ordered by the Court. (3) The Board of Judges may, by Administrative Order, direct that specified categories of cases will automatically be referred to mediation. The assigned judge may issue a written order exempting a particular case from mediation with or without the request of the parties. (e) Mediators (1) Parties referred to mediation may use a mediator from the Court’s panel (“Panel Mediator”) or select a private (non-panel) mediator. (2) The Court maintains a list of qualified mediators with extensive subject matter expertise. A list of Panel Mediators is available on the Court’s website. (3) Panel Mediators are compensated at a rate set by the Board of Judges and posted on the Court’s website. Any party that is unable to pay the fee may apply to the referring judge for a waiver of the fee. (f) Attendance at Mediation Sessions A party and/or representative (other than outside counsel) familiar with the matter possessing full settlement authority and the attorney responsible for handing the matter must attend the mediation session unless the mediator approves otherwise. (g) Confidentiality (1) The mediation shall be considered a settlement negotiation for the purpose of all federal and state rules protecting disclosures from later discovery or use in evidence. (2) The parties may not call the mediator as a witness or deponent nor compel the mediator to produce documents received or prepared for the mediation. (3) No record/recording of the mediation shall be made (except to memorialize a settlement). (h) Immunity of the Mediators. Panel Mediators are immune from liability or suit with respect to their conduct in Court referred mediations to the maximum extent permitted by applicable law.
Source of truth
(a) Definition: Mediation is a confidential process in which parties and counsel meet with a neutral third party trained to facilitate settlement discussions. The mediator works with the parties to identify interests, probe the strengths and weaknesses of each party’s legal posit
- Official source
- E.D.N.Y. — Local Rules & Division of Business (U.S. District Court, Eastern District of New York)
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 2, 2026
- Last verified
- November 7, 2026benchpath-nyfed-rules-2026-11-07
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