Motion for Mediation in Susan Taubman v. Thompson Town Of| Trellis.Law

On July 30, 2021 a Letter,Correspondence was filed involving a dispute between Susan Taubman, and Thompson Town Of, for Other Real Property - SCAR in the District Court of Sullivan County.

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INDEX NO. ESC2021-44
FILED: SULLIVAN COUNTY CLERK 07/06/2023 09:14 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/06/2023
Se om ee,
STATE OF NEW YORK
UNIFIED COURT SYSTEM
THIRD JUDICIAL DISTRICT
2500 POND VIEW, SUITE 210
CASTLETON-ON-HUDSON, NY 12033
Ss (518) 285-8300
FAX (518) 285-6169

JOSEPH A. ZAYAS GERALD W. CONNOLLY
Chief Administrative Judge District Administrative Judge
Third Judicial District
NORMAN ST. GEORGE CHRISTY Q. BASS
Fist Deputy Chief Administrative District Executive
Judge
AMELIA LEPORE SESSIONS
JAMES P. MURPHY Deputy District Executive
Deputy Chief Administrative
Judge Courts outside New York
City

Dear A ttormney/Litigant:

Y ou are receiving this letter because you have a case pending in either Columbia, Sullivan or Ulster
Supreme Court, Civil Term. The Court would like to make you aware of Alternative Dispute
Resolution (A DR) options available to you at this time. The court system strongly encourages you to
explore ADR options. ADR is voluntary and if you are not able to resolve your case through ADR,
your case will proceed through litigation as usual. Y ou will not lose your place on the trial calendar.

Here are two valuable ADR options:
(1) Third Judicial District Court Attorney-Referee ADR Program — This program provides
free mediation services by trained Court Attommey-Referees employed at the Third Judicial
District Office. To participate in this program, please fill out the attached Opt in
form and return to the ADR Coordinator who will then contact the assigned Judge. Once
it is confirmed that ADR is appropriate for the case, an Order of Reference will be issued
directing this case to ADR. Y our case will then be assigned to a Court A ttomey-Referee
who will contact you, and opposing counsel, to schedule an ADR session.

(2) Third Judicial District ADR Roster Program — This program allows you to select a
Mediator from the Third Judicial District’s Roster of Mediators. Mediators listed in this
Directory are comprised of attorneys and retired Judges fully trained in mediation. Roster
Mediators do not charge for the time spent preparing for mediation and also provide the first
90 minutes of mediation at no cost to the parties. If the parties consent to continue in
mediation beyond the initial 90-minute free portion, the Roster Mediator can charge the
parties up to $350.00 per hour to be split between the parties. To view the list of Mediators,
and view this Program’s Rules, please click the link below, search the “Statewide Mediator
Directory” and then narrow your search to the Third Judicial District.
https://ww2.nycourts.gov/courts/3jd/ADR.shtml . The parties could either agree on a Mediator
from this list or the Court could select a Mediator. To participate in this program, please
fill out the attached Opt in form and return to the ADR Coordinator who will then
contact the assigned Judge. Once it is confirmed that ADR is appropriate for the case, an
Order of Reference be issued directing this case to a Roster Mediator.

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INDEX NO. ESC2021-44
(FILED: SULLIVAN COUNTY CLERK 0770672023 09:14 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/06/2023

Why Choose Alternative Dispute Resolution?

ADR offers the following benefits:
(1) Mediators spend a significant amount of time with you in attempting to settle the case
(2) Can involve parties actively resolving their own issues
(3) Improves parties’ satisfaction with the process
(4) Speeds settlement
(5) Reduces stress
(6) Saves money
(7) Improves communication
(8) Improves relationships
(9) Increases compliance with agreements

Ifyou have any questions about how to utilize ADR to resolve your case, please contact the ADR
Coordinator for the Third Judicial District.

ih
Hon. GeraldW. Connolly
District Administrative J tfdge
Third Judicial District

Carmelo M. Laquidara
ADR Coordinator
Court A ttomey-Referee
Third Judicial District
2500 Pond View
Suite 210
Castlcton-on-Hudson, NY 12033
CLaquida@ nycourts.gov
(518)285-8300

ADE
ALTERNATIVE
DISPUTE
RESOLUTION

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INDEX NO ESC2021-44
FILED: SULLIVAN COUNTY CLERK 07/06/2023 09:14 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF 07/06/2023

VOLUNTARY OPT IN AGREEMENT FOR ADR
WITH A COURT ATTORNEY -REFEREE
We understand that ADR is voluntary, we can choose which points to discuss and
we can opt-out of ADR at any time. We understand that if we do not work out an
issue in ADR, we can return to Court.

We understand that we are free to talk with a lawyer now, before, during or after the
ADR session.

We understand that the Court A ttorney-Referee (CAR) is not acting as a lawyer for
either party and will not be giving legal advice or opinions on the law. The CAR
may share with us some legal information but that does not constitute legal advice.

Except for allegations of child abuse or threats of imminent harm, we understand
that whatever is said during this process is confidential. The CAR agrees not to
reveal any oral or written communications to others, including the Court, without the
consent of all parties.

We agree that if we do go to Court, we will not testify about what happened in
ADR. We will not ask the CAR or the other party to give evidence about what
happened in the ADR, and we will not demand anything prepared for ADR, unless it
is allowed by law.

Case Name Index Number

=------------------------------~ ----------------------------
County Assigned J udge

Plaintiff - Signature Defendant - Signature

Print name and Email address Print name and Email address

Attorney for Plaintiff - Signature Attorney for Defendant - Signature

Print name and Email address Print name and Email address

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INDEX NO ESC2021-44
FILED: SULLIVAN COUNTY CLERK 07/06/2023 09:14 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF 07/06/2023

VOLUNTARY OPT INAGREEMENT
FOR ADR WITH ROSTER MEDIATOR
1. We understand that we are allowed one free, 90-minute initial mediation session. If
we choose to continue beyond the initial 90 minutes, we, the parties, will pay the
mediator at a rate agreed upon beforehand in writing but not to exceed $350.00 per hour
to be split by the parties.

2. We understand that mediation is voluntary and that we can opt-out at any time.

3 If we do not resolve this case in mediation, we can return to Court.

4. We understand that we are free to talk with a lawyer now, before, during or after the
mediation session.

5. We understand that the mediator is not acting as a lawyer for either party and will not
be giving legal advice or opinions on the law. The mediator may share with us some
legal information but that does not constitute legal advice.

6. Except for allegations of child abuse or threats of imminent harm, whatever is said
during this process is confidential. The mediator agrees not to reveal any oral or written
communications to others, including the Court, without the consent of all parties.

7. We agree that if we do go to Court, we will not testify about what happened in the
mediation. We will not ask the mediator or the other party to give evidence about what
happened in the mediation, and we will not demand anything prepared for mediation,
unless it is allowed by law.

8. We understand the mediator shall be immune from suit to the extent allowed by
law.

aoa

Case Name Index Number

County Assigned J udge

=<. -—. --------. -------- <-------. ------ -------
PI Signi Defendai ignature

Print name and Email address Print name and Email address

Attorney for Plaintiff - Signature Attorney for Defendant - Signature

Print name and Email address Print name and Email address
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Letter,Correspondence: Susan Taubman v. Thompson Town Of

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