New York Small Claims Court Mediation

Free Mediation Through CDRCs

New York operates a statewide network of Community Dispute Resolution Centers (CDRCs) — independent nonprofits funded through the Unified Court System's Division of Alternative Dispute Resolution. Every one of New York's 62 counties has access to a CDRC that provides free or low-cost confidential mediation.

For small claims disputes, CDRC mediation gives both parties the chance to negotiate a settlement with a trained neutral mediator before going through a formal hearing. The mediator does not decide who wins — they help both sides find an agreement that works.

How to Access Mediation

There are two common paths:

Court referral. When both parties appear for a small claims hearing, the court may offer mediation as an alternative before starting the trial. If both sides agree, a mediator — often available in the courthouse that same day — facilitates a settlement discussion. If mediation succeeds, the agreement is formalized and filed with the court. If it fails, the case returns to the judge's calendar for a standard hearing.

Direct contact. Either party can contact their local CDRC before the hearing date to request mediation. The other party must voluntarily agree — mediation is never mandatory in small claims. CDRC regional providers include the CLUSTER / Bronx Mediation Center and NYCLA Mediation Program in NYC, Mediation Matters and Catholic Charities Dispute Resolution Center upstate, and the Center for Dispute Settlement in western New York.

You can find your local CDRC through the Unified Court System's ADR directory at nycourts.gov.

What Happens During Mediation

A mediation session typically runs 60 to 90 minutes. The mediator explains the ground rules, then each party describes the dispute from their perspective without interruption. The mediator may meet privately with each side (called a caucus) to explore settlement options. If the parties reach an agreement, it is written up, signed by both sides, and becomes binding.

Mediation is confidential. What you say during the session cannot be used against you if the case later goes to trial.

When Mediation Makes Sense

Mediation works best when both parties want a resolution but are stuck on the specifics — how much to pay, on what timeline, with what conditions. Common small claims scenarios where mediation is effective:

• Landlord-tenant security deposit disputes where the real disagreement is over the amount of legitimate deductions
• Contractor disputes where the homeowner acknowledges partial payment is owed but contests the total
• Neighbor disputes over property damage where both sides have contributed to the problem
• Car sale disagreements where a partial refund might satisfy both parties

Mediation is less effective when one party refuses to negotiate in good faith, when the facts are deeply contested, or when one side wants a judicial determination on a point of law.

One Important Timing Detail

Engaging in mediation does not automatically postpone your hearing date. If you initiate CDRC mediation outside of the courthouse, you must inform the court clerk about the mediation status and either request a formal consent adjournment or keep the court date active as a backstop. Failing to appear on your hearing date because you assumed mediation paused the case will result in a default judgment.

Know All Your Resolution Options

The Responding to a Small Claims Case in New York guide walks through every resolution path available to defendants — from disputing the claim to settlement, mediation, counterclaims, and post-decision remedies — with printable worksheets to keep your preparation on track.

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