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Fordham Law Review

2020

Alternative dispute resolution; pro se litigants

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Pro Se, No Say?: The Impact Of Presumptive Mediation In The New York State Court System On Self-Represented Litigants, Sarah Konnerth Mar 2020

Pro Se, No Say?: The Impact Of Presumptive Mediation In The New York State Court System On Self-Represented Litigants, Sarah Konnerth

Fordham Law Review

In May 2019, the New York State Unified Court System announced its plan to refer all civil cases to various forms of alternative dispute resolution at the earliest stage of litigation. The presumptive alternative dispute resolution initiative aims to decrease costs associated with litigation, improve case outcomes, and reduce case delays. In the context of mediation, litigants, both represented and self-represented, may be seated across from each other at a table to discuss their disputes with the assistance of a neutral third party. This Note examines mediation and discusses the policy implications of a presumptive mechanism for pro se parties. …