N.Y. Comp. Codes R. & Regs. tit. 22 § 1220.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1220.3 - Procedure

(a) When the disciplinary office determines that a complaint is appropriate for mediation, it shall forward copies of the complaint and any other correspondence related to the complaint, to the appropriate mediator or coordinator, with notification to the attorney and the complainant of the referral. The mediator or coordinator then shall notify the attorney by first class mail, to submit within 20 days a response to the complaint, if a response was not previously submitted. This notice also shall state that, if no response is received within 20 days, the complaint will be returned to the disciplinary office for investigation under the appropriate Appellate Division rules.

(b) Upon receipt of the attorney's response, the matter shall be assigned to or retained by an impartial mediator. The mediator shall schedule a mediation conference within 14-21 days after assignment of the matter, or if the matter has been directly handled by the mediator, within 14-21 days after receipt of the response. Any additional correspondence from the attorney or the complainant concerning the dispute must be submitted to the mediator no later than 10 days prior to the mediation conference. The mediator may grant an adjournment of the conference for good cause, but in no event may the conference be held more than 45 days after the response has been received or after referral to the coordinator, whichever is later. The mediator may conduct the mediation by teleconference. If the parties have resolved their dispute by mediation, a written agreement shall be produced and signed by both parties.

(c) If the coordinator or the mediator determines at any time during the mediation process that the matter is unsuitable for mediation, or that the matter involves the type of ineligible conduct described in section 1220.1 of this Part, or that the mediation should not proceed because the attorney or complainant is uncooperative, then the complaint shall be returned to the disciplinary office for appropriate action.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1220.3