Following suit of other areas and states that are requiring mediation at least as a preliminary step, the Brooklyn Supreme Court initiated a plan to force civil cases into mediation. If one or both parties are not satisfied with mediation, they have the option to proceed to trial, but the underlying goal is to limit the number of cases going through to trial. Alternative dispute resolution can lead to harmonious outcomes for all parties, reduce the time spent in court and stop the traffic jam of cases piling up.

At the time the plan was put into plan, Brooklyn had more than 50,000 civil cases pending. Prior to the required mediation becoming effective, parties would request evidence, depose any witnesses for both sides and complete any needed investigations, and then move forward into a trial. With the new plan, mandatory mediation will step in after the discovery phase. A trial date will not be scheduled until mediation has been completed.

The new mediation option gives more choices to individuals involved in a civil case, since they may be able to reach a better resolution talking the issues through in mediation. Mediation tends to be more flexible and is more likely to produce a mutual agreement. Mediation offers solutions that can be achieved much more quickly and without the high expenses of working through the courts.

The goal of the program is to serve like a net, pulling out cases that may benefit from alternative dispute resolution and cutting down on the many cases landing in the lap of an overworked and overburdened court system. Over time, the program is expected to reduce the backlog in the courts and allow individuals to have more of a say in their own solutions. The mandatory mediation for Brooklyn could be a step in the right direction for everyone involved.