On March 17, 2020, in response to COVID-19, Chief Judge Janet DiFiore closed all New York State Courts for nonessential services, which effectively shut down the majority of cases pending before the courts and prevented the filing of any new cases. Recently, state courts have begun reopening for most matters. Judges are facing a tremendous number of new matters, in addition to all pre COVID-19 pending matters. Of particular significance, prior to COVID-19, in May 2019, the state courts announced implementation of a statewide initiative for presumptive mediation within the courts to address civil disputes. For parties seeking the ability to obtain a quicker resolution, as well as courts looking to address the backlog of matters, alternative dispute resolution moves to the forefront as the best available option.

Although the courts have reopened, it will take time for them to operate at full capacity and determine how matters will actually proceed going forward. Whether matters will be heard remotely via various virtual platforms, or whether courts will allow parties to appear in person, will be decided by each individual court potentially matter by matter. Given the presumptive mediation initiative, it is uncertain whether courts will first require parties to mediate before commencing litigation. In light of COVID-19, courts are wrestling with how to implement the mediation initiative to manage the current and continuing backlog. Due to ongoing uncertainty of the new processes and potential COVID-19 related delays, parties may want to consider alternative dispute resolution options to pursue their rights in addition to traditional litigation. In the event parties decide to use a neutral third party assist in resolving a particular conflict, there are a variety of options available...