2006 New York Code - Establishment And Administration Of Centers.



 
    §  849-b.  Establishment  and  administration  of centers. 1. There is
  hereby established the community dispute resolution center  program,  to
  be  administered  and  supervised  under  the  direction  of  the  chief
  administrator of the courts, to provide funds pursuant to  this  article
  for  the  establishment and continuance of dispute resolution centers on
  the basis of need in neighborhoods.
    2. Every center shall be operated by a grant recipient.
    3. All centers shall be operated pursuant to contract with  the  chief
  administrator  and shall comply with all provisions of this article. The
  chief administrator shall promulgate rules and regulations to effectuate
  the  purposes  of  this  article,  including  provisions  for   periodic
  monitoring and evaluation of the program.
    4. A center shall not be eligible for funds under this article unless:
    (a) it complies with the provisions of this article and the applicable
  rules and regulations of the chief administrator;
    (b)   it  provides  neutral  mediators  who  have  received  at  least
  twenty-five hours of training in conflict resolution techniques;
    (c) it provides dispute resolution without cost to  indigents  and  at
  nominal or no cost to other participants;
    (d)  it  provides  that  during  or  at  the conclusion of the dispute
  resolution process there  shall  be  a  written  agreement  or  decision
  setting  forth  the settlement of the issues and future responsibilities
  of each party and that such agreement or decision shall be available  to
  a  court which has adjourned a pending action pursuant to section 170.55
  of the criminal procedure law;
    (e) it does not make  monetary  awards  except  upon  consent  of  the
  parties  and  such awards do not exceed the monetary jurisdiction of the
  small claims part of the justice court, except that where an action  has
  been  adjourned in contemplation of dismissal pursuant to section 215.10
  of the criminal procedure law, a monetary award not in  excess  of  five
  thousand dollars may be made; and
    (f)  it  does  not  accept for dispute resolution any defendant who is
  named in a  filed  felony  complaint,  superior  court  information,  or
  indictment,  charging:  (i)  a  class A felony, or (ii) a violent felony
  offense as defined in section 70.02 of the penal law, or (iii) any  drug
  offense  as  defined  in article two hundred twenty of the penal law, or
  (iv) a felony upon the conviction of which defendant must  be  sentenced
  as  a  second  felony  offender,  a second violent felony offender, or a
  persistent violent felony offender pursuant to sections 70.06, 70.04 and
  70.08 of the penal law,  or  a  felony  upon  the  conviction  of  which
  defendant  may  be sentenced as a persistent felony offender pursuant to
  section 70.10 of such law.
    5. Parties must be provided  in  advance  of  the  dispute  resolution
  process with a written statement relating:
    (a) their rights and obligations;
    (b) the nature of the dispute;
    (c) their right to call and examine witnesses;
    (d)  that  a  written  decision  with  the  reasons  therefor  will be
  rendered; and
    (e) that the dispute resolution process will be final and binding upon
  the parties.
    6. Except  as  otherwise  expressly  provided  in  this  article,  all
  memoranda,  work  products, or case files of a mediator are confidential
  and  not  subject  to  disclosure  in  any  judicial  or  administrative
  proceeding.  Any  communication  relating  to  the subject matter of the
  resolution made  during  the  resolution  process  by  any  participant,
  mediator, or any other person present at the dispute resolution shall be
  a confidential communication.

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