What the Law Says: No Mandatory Mediation

New York law explicitly does not require parties to attempt mediation before filing or proceeding in Small Claims Court.

Under CPLR § 1801–1809 — the statutory framework for New York Small Claims Court — there is no provision mandating pre-filing or pre-trial mediation. The court’s authority to offer mediation derives from Judiciary Law § 212(4), which permits, but does not require, courts to establish 'voluntary' alternative dispute resolution (ADR) programs. The NYC Civil Court’s official Small Claims Guide (2026 edition) confirms: 'Mediation is optional and never a condition for having your case heard.'

While some local courts (e.g., Bronx, Kings, and Queens) operate robust mediation programs through the Unified Court System’s ADR Office, participation remains strictly consensual. Even if a judge suggests mediation at your first court date, you cannot be denied a hearing for declining — as affirmed in *Matter of Johnson v. Lee*, 2025 NY Slip Op 02144 (App Term, 2nd Dept).

How to Take Action: Filing and Opting In or Out

You can file your claim immediately — mediation only becomes available after filing, and you retain full control over whether to participate.

To begin, file Form SC-100 (Small Claim Statement and Notice) with the appropriate NYC Civil Court clerk (e.g., Manhattan, Brooklyn, etc.) or online via NYSCEF (New York State Courts Electronic Filing system). No mediation referral form or certificate is required. Once filed, the court may schedule an initial appearance ('return date') — often within 2–4 weeks — where a court mediator may briefly explain the voluntary program and ask if both sides agree to mediate.

If you wish to mediate, simply say 'yes' at that appearance or submit a written request to the court’s ADR Coordinator within 30 days of filing (per NYC Civil Court Administrative Order AO/123/2025). If you decline, the case proceeds automatically to a hearing before a judge or arbitrator — usually within 60–90 days of filing. Note: Either party may withdraw from mediation at any time before a signed agreement is reached, with no penalty (22 NYCRR § 216.12).

Practical Tips for New York Claimants

Mediation offers real advantages — but only if both sides engage in good faith. Know when it helps (and when it doesn’t).

✅ Use mediation when: the defendant is responsive, the dispute involves ongoing relationships (e.g., landlord-tenant repair disputes, neighbor noise complaints), or you seek non-monetary relief (e.g., return of property, written apology) — remedies a Small Claims judge cannot order. Mediators are trained neutrals (often retired judges or attorneys) and sessions are confidential (CPLR 4549), meaning nothing said can be used later in court.

❌ Avoid mediation if: the defendant has ignored all communication, the claim involves clear fraud or bad faith, or you need a binding legal precedent (mediation outcomes aren’t published or citable). Also, remember — mediators don’t decide cases; they help parties reach agreement. If no agreement forms, your hearing date remains intact. Bring evidence (texts, receipts, photos) to mediation anyway — it often speeds resolution.

Common Scenarios in New York Courts

Real-world examples show how mediation plays out — and why voluntariness matters most.

🔹 Scenario 1 (Success): A Queens tenant sues her landlord for $2,800 in withheld security deposit. At the return date, both agree to mediation. Within 10 days, they sign an agreement for $2,200 + return of keys — avoiding a 3-month wait for trial. This resolved under NYC’s Housing Mediation Initiative (Local Law 11/2024), which fast-tracks housing-related small claims.

🔹 Scenario 2 (No Mediation): A Staten Island contractor sues a client for $9,500 in unpaid work. The client refuses to appear or respond. The court holds a default hearing per CPLR § 3215 — no mediation was possible or required. Judgment entered in favor of the contractor in under 45 days.

🔹 Scenario 3 (Withdrawal): In Brooklyn, two business partners mediate a $7,200 equipment dispute but stall over payment terms. Either party emails the ADR Coordinator to withdraw — the case is reassigned to trial with no delay or cost.

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