Reviewed August 2026
Mediation in New York
New York runs its court-connected mediation network through Community Dispute Resolution Centers. Article 21-A of the Judiciary Law created them. These centers are nonprofit organizations funded through the Office of Court Administration. They provide conciliation, mediation, arbitration, and other dispute resolution services in counties across the state. This includes family and custody-related matters referred by the courts. Judiciary Law 849-A defines a center as a community dispute center that provides mediation or similar services. Mediators staff these centers and act as impartial facilitators. Family Court and the matrimonial parts of the Supreme Court can refer parties to these centers. They can also refer parties to local court-connected mediation programs. The goal is resolving custody, visitation, or related disputes before trial. New York's model has one key feature. Centers must serve people who cannot afford to pay. The statute requires free services for parties who qualify as indigent.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how mediation works under New York law for people researching before they file. It is not legal advice, and Virdix does not prepare or file New York paperwork. See how Virdix works for California divorces.
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The Community Dispute Resolution Centers Program
Article 21-A of the Judiciary Law establishes New York's statewide Community Dispute Resolution Centers Program, administered by the Chief Administrator of the Courts. Judiciary Law 849-A defines a center as an organization that provides conciliation, mediation, arbitration, or other dispute resolution techniques. It also defines a grant recipient as a nonprofit organized for dispute resolution, or for religious, charitable, or educational purposes, that administers a center.
This structure means New York does not run one single, centralized mediation office. Instead, the state funds a network of local nonprofit centers, and courts in each area refer eligible cases to their local center.
Mediator training requirements
Judiciary Law 849-B sets the baseline training standard for mediators working through a Community Dispute Resolution Center: at least twenty-five hours of training in conflict resolution techniques. Centers funded under the program cannot accept certain criminal matters. These include cases involving class A felonies, violent felony offenses, drug offenses, and certain repeat offender categories. This keeps the centers focused on civil and family-type disputes rather than serious criminal cases.
Free access for people who cannot pay
Centers funded under Article 21-A must provide their services at no cost to people who cannot afford to pay. This access requirement runs alongside the confidentiality protections in the statute. A party referred to a Community Dispute Resolution Center for a custody or family dispute should not assume mediation carries a required fee. Confirm the center's policy directly.
Confidentiality of mediation records
Judiciary Law 849-B makes mediation records confidential. All memoranda, work products, or case files created by a mediator are confidential and not subject to disclosure in any judicial or administrative proceeding. The statute also protects the communications themselves: anything said during the resolution process by a participant, mediator, or anyone else present is treated as a confidential communication.
This confidentiality lets parties speak candidly during mediation. They don't need to worry that what they say will be used against them later if the case goes to a hearing.
How to find and use a New York mediation center
To fund a Community Dispute Resolution Center, an applicant nonprofit must submit information to the Chief Administrator's office. This includes its costs, the services it will provide, and its administrative capacity, under Judiciary Law 849-C. In practice, this means the centers operating in a given New York county are grant-funded local organizations. They are not a branch of the court itself, though they work closely with the courts that refer cases to them.
A party in a New York custody or divorce case may want to use mediation, or a judge may refer them to it. Either way, they should ask the clerk's office or their attorney which Community Dispute Resolution Center serves their county. They should also ask what its intake process requires.
Sources: NY Judiciary Law 849-A, Community Dispute Resolution Centers Program, definitions, accessed via Internet Archive snapshot because nysenate.gov blocks direct automated verification, NY Judiciary Law 849-B, establishment and administration, mediator training, confidentiality, accessed via Internet Archive snapshot because nysenate.gov blocks direct automated verification, NY Judiciary Law 849-C, funding application requirements, accessed via Internet Archive snapshot because nysenate.gov blocks direct automated verification
Not independently confirmed
- This research accessed Judiciary Law 849-A, 849-B, and 849-C through Internet Archive snapshots because nysenate.gov's live pages returned repeated automated-access blocks; the current live text should be confirmed at nysenate.gov before relying on exact wording.
- The New York State Unified Court System's own ADR and custody mediation pages (nycourts.gov) also returned access errors during verification and could not be independently confirmed; details on individual county referral practices and any domestic violence screening protocol should be confirmed directly with the local Family Court or Community Dispute Resolution Center.
- Whether any New York county treats custody mediation as mandatory before a contested hearing, as opposed to court-encouraged, varies locally and was not independently confirmed for each county.
Mediation in New York: frequently asked questions
Is mediation mandatory in a New York custody case?+
New York's statewide framework, Judiciary Law Article 21-A, sets up a network of Community Dispute Resolution Centers that courts can refer cases to. It is not a single statute mandating mediation in every custody case. Whether a specific case is referred can depend on the court and county. Confirm this with the local Family Court or Supreme Court matrimonial part.
What is a Community Dispute Resolution Center in New York?+
It is a nonprofit organization, funded through the Office of Court Administration under Judiciary Law Article 21-A. It provides conciliation, mediation, arbitration, and other dispute resolution services, including for family-related matters referred by the courts. New York funds a network of these centers rather than one central mediation office.
How much training does a New York community mediator need?+
Judiciary Law 849-B requires at least twenty-five hours of training in conflict resolution techniques for mediators at a funded Community Dispute Resolution Center.
Is mediation free in New York?+
Community Dispute Resolution Centers funded under Article 21-A must provide services at no cost to people who cannot afford to pay. Exact fee policies for parties who can pay vary by center, so check with the specific center serving your county.
Is what I say in New York mediation confidential?+
Yes. Judiciary Law 849-B makes a mediator's memoranda, work products, and case files confidential. They are not subject to disclosure in a judicial or administrative proceeding. The law also treats communications made during the mediation session, by any participant or mediator, as confidential.
Can a New York Community Dispute Resolution Center handle a criminal case?+
Not certain serious ones. Judiciary Law 849-B bars funded centers from accepting cases involving class A felonies, violent felony offenses, drug offenses, and certain repeat offender categories. This keeps the program's focus on civil and family-type disputes.
This page is general information about mediation in New York, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with New York's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in New York. Virdix does not prepare or file New York divorce paperwork. It is not a substitute for an attorney licensed in New York.
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