The New York Law Journal Quotes Partner Chris Palermo Regarding Proposed Changes to Commercial Division Rules Regarding Alternative Dispute Resolution

May 2017

Litigation Partner Christopher Palermo was recently quoted in The New York Law Journal in an article, “Rule Would Require Certification That Parties Were Informed of ADR,” appearing in the April 25, 2017 edition.

Mr. Palermo is a member of the Commercial Division Advisory Council and was the primary drafter of a proposal by the Advisory Council to amend the Commercial Division rules to require attorneys to certify to the court that they have spoken with their clients about the availability of alternative dispute resolution mechanisms in cases pending in New York’s Commercial Division.

Mr. Palermo predicted that the business community would “strongly support” the proposed amendment.  Similar procedures are in place in some federal courts.  The proposed rule change would also require parties to disclose to the court whether the client is willing to pursue mediation at some point in the litigation.

Mr. Palermo noted that businesses and in-house counsel “want mediation, and they want mediation early on in the case.” 

This proposal is the latest of numerous recommendations by the Advisory Council to respond to the needs of the business community and to ensure that the New York Commercial Division remains one of the leading venues in the country for efficient resolution of complex commercial disputes.  Since the Advisory Council was established in 2013, more than two dozen of its proposals have been approved for use in the Commercial Division.