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CDAC Rule Proposal to Loosen Requirements To Become A Neutral Evaluator Still Pending | Patterson Belknap Webb & Tyler LLP

To embed, copy and paste the code into your website or blog: On December 4, 2020, the Administrative Board of the Courts sought public comment on the Commercial Division Advisory Council’s (“CDAC”) proposed amendment to Commercial Division Rule 3(a), 22 NYCRR § 202.70(g).[1] The current language of Rule 3 permits the court to direct, or for counsel to seek, the appointment of an uncompensated mediator for the purpose of mediating a resolution of all or some issues presented in the litigation.[2]  The CDAC’s Rule 3(a) proposal would “permit the use of neutral evaluation as an [alternative dispute resolution (“ADR”)] mechanism and to allow for the inclusion of neutral evaluators in rosters of court-approved neutrals.”[3]  Currently, under Part 146 of the Rules of the Chief Administrative Judge, “neutral evaluation” is “a confidential, non-binding process in which a neutral third party (the neutral evaluator) with expertise in the subject matter relating to th

For older judges, age may soon be just a number

PUBLISHED 5:42 AM ET Apr. 15, 2021 PUBLISHED 5:42 AM EDT Apr. 15, 2021 SHARE State Supreme Court justices who reach the mandatory retirement age of 70 will again be able to re-apply for their jobs and continue on the bench, the state s top judge on Wednesday said.  The announcement by Chief Judge Janet DiFiore will allow New York to retain 46 judges who would be forced to retire due to their age and denied certification to remain in office. DiFiore pointed to a provision in the state budget that funded the positions for the judges.  The development was cheered by the New York State Bar Association, which called the decision welcome news.

New York State Bar Association Hosts Cannabis Conversation

FAIR Health Elects James W Lytle to Board of Directors

Share this article Share this article NEW YORK, April 15, 2021 /PRNewswire/  The FAIR Health Board of Directors has elected James W. Lytle, a senior counsel at Manatt, Phelps & Phillips LLP, to the Board. A national, independent nonprofit organization dedicated to bringing transparency to healthcare costs and health insurance information, FAIR Health is governed by a Board comprising leaders from all parts of the healthcare sector. Mr. Lytle operates out of the Albany and Boston offices of Manatt, Phelps & Phillips and participates in the firm s New York State government, regulatory and policy practice and as a member of Manatt Health, the firm s healthcare law and consulting practice. He represents a broad array of clients, especially in the healthcare and higher education arenas, before the legislature and the executive branch and has represented clients in administrative hearings and throughout all levels of the state court system, including the state s highest court.

Mandatory Settlement? Close, But Not Quite | Farrell Fritz, P C

In December 2020, the New York Law Journal commented on the measures the New York State court system would enact to handle the recent $300 million budget cut.  These measures included “adopting a strict hiring freeze, deferring raises, suspending countless programs, and declining to extend the judicial service of 46 retired trial and appellate judges.”  This was a difficult decision to be sure, but the alternative could have been catastrophic: the layoff of over 300 employees. Given the combination of the court system’s shrinking workforce and the existing backlog of cases, New York’s Commercial Division is seeking to reduce its caseload through the expansion of ADR, both externally and internally.  In December 2020, the Commercial Division Advisory Council (“CDAC”) sought to adopt two new Commercial Division Rules that would expand the opportunities for litigants to settle out of or in court.

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