Local Civil Rule 83.9 (S.D.N.Y. and E.D.N.Y.) — Alternative Dispute Resolution (Southern District Only) [formerly Local Civil Rule 83.12]
A published court requirement that applies in New York. Category: Local Rules. Effective January 2, 2026. Verified against the official source (S.D.N.Y. — Local Rules (U.S. District Court, Southern District of New York)) on November 7, 2026.
Summary
Local Civil Rule 83.9 (S.D.N.Y. and E.D.N.Y.) — Alternative Dispute Resolution (Southern District Only) [formerly Local Civil Rule 83.12]: 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 Southern District of New York as its series states, alongside the federal rules and any judge-specific procedures; adopted jointly with the Eastern District of New York and carded here as the Southern District applies them.
Requirement
(a) Alternative Dispute Resolution Options The United States District Court for the Southern District of New York provides litigants with opportunities to discuss settlement through judicial settlement conferences and mediation. (b) Definition of Mediation In mediation, parties and counsel meet, sometimes collectively and sometimes individually, with a neutral third party (the mediator) who has been trained to facilitate confidential settlement discussions. The parties articulate their respective positions and interests and generate options for a mutually agreeable resolution to the dispute. The mediator assists the parties in reaching their own negotiated settlement by defining the issues, probing and assessing the strengths and weaknesses of each party’s legal positions, and identifying areas of agreement and disagreement. The main benefits of mediation are that it can result in an expeditious and less costly resolution of the litigation, and it can produce creative solutions to complex disputes often unavailable in traditional litigation. Supporting documents can be found at https://nysd.uscourts.gov/programs/mediation-adr. (c) Administration of the Mediation Program (1) The Mediation Supervisor, appointed by the clerk of court, will administer the court’s mediation program. The chief judge will appoint one or more district judges or magistrate judges to oversee the program, including the adjudication of allegations that a party or a party’s attorney has failed to comply with the procedures of the Mediation Program. (2) The Mediation Supervisor, in consultation with other court personnel, will ensure that information about the court’s mediation program is available on the court’s website and will be updated as needed. (3) The mediation program will be governed by the “Procedures of the Mediation Program for the Southern District of New York,” which sets forth specific and more detailed information regarding the mediation program, and which is available on the court’s official website (https://nysd.uscourts.gov) or from the Mediation Office. (4) The scheduling of mediation will not interfere with any scheduling order of the court. (d) Consideration of Alternative Dispute Resolution In all civil cases, including those eligible for mediation under paragraph (e), each party must consider the use of mediation or a judicial settlement conference and must report to the assigned judge at the initial Rule 16(b) case management conference, or subsequently, whether the party believes mediation or a judicial settlement conference may facilitate the resolution of the lawsuit. Judges are encouraged to note the availability of the mediation program and/or a judicial settlement conference before, at, or after the initial Rule 16(b) case management conference. (e) Mediation Program Eligibility (1) All civil cases other than social security, habeas corpus, and tax cases are eligible for mediation, whether assigned to Manhattan or White Plains. (2) The Board of Judges may, by Administrative Order, direct that certain specified categories of cases will automatically be submitted to the mediation program. The assigned district judge or magistrate judge may issue a written order exempting a particular case with or without the request of the parties. (3) For all other cases, the assigned district judge or magistrate judge may determine that a case is appropriate for mediation and may order that case to mediation, with or without the consent of the parties, before, at, or after the initial Rule 16(b) case management conference. Alternatively, the parties should notify the assigned judge at any time of their desire to mediate. (f) Judicial Settlement Conferences Judicial settlement conferences may be ordered by district judges or magistrate judges with or without the request or consent of the parties.
Source of truth
(a) Alternative Dispute Resolution Options The United States District Court for the Southern District of New York provides litigants with opportunities to discuss settlement through judicial settlement conferences and mediation. (b) Definition of Mediation In mediation, parties a
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 2, 2026
- Last verified
- November 7, 2026benchpath-nyfed-rules-2026-11-07
Change history
- November 13, 2026Monitor detected a source-content or hash-basis change. Review the archived bytes before republishing dependent material.
- November 6, 2026Monitor detected a source-content or hash-basis change. Review the archived bytes before republishing dependent material.
- November 5, 2026Monitor detected a source-content or hash-basis change. Review the archived bytes before republishing dependent material.
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