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Center for Alternative Dispute Resolution

Services

Community Based Mediation
  Our Community Mediation Program helps to resolve a wide variety of disputes between neighbors, family members, consumer and merchant and landlord and tenant, to name a few.  Most cases are referred to us by different courts after the parties have appeared in court.
  The Center has mediators on-site at Albany City Court, Albany Police Court, Cohoes City Court, Watervliet City Court, and most recently the Town of Colonie Justice Court.  Mediators who are present in these Courts will conduct on-site mediations with cases that the Judge feels may be appropriate.  In general, the more a Judge becomes familiar with our mediators and the process, the more cases her or she will refer to the Center.  At all times, the process remains voluntary, a Judge may suggest mediations, but it is ultimately up to the parties to decide is they wish to participate.
  When a settlement is reached (75% of our Community mediated cases reach agreement) the agreement is often made part of the Court record for that case, and the Judge may refer to it if the parties need to return to Court on that matter.  One of the great things about mediated agreements, however, is that returning to court is unusual.  Since the parties have participated directly in forming their own agreement, they are more likely to honor the agreement reached.
  During 1998 we mediated 446 cases, and we were able to reach agreements in 334 of these cases.  Our mediators are greatly valued by the Courts since the parties are usually satisfied with the quality of justice received, and the cost savings to the Court is substantial.  The cost in taxpayer dollars to litigate all cases that were successfully mediated would be prohibitive.  We are very proud of our Community Mediation Program, and look forward to its continued growth during 1999.

Multi-Party Dispute Resolution
  The Center has available, a pool of highly trained and experienced mediators, facilitators and trainers, to resolve multi-party disputes, disputes in public sector, or to provide proper training strategy development and process design.  They can also help create organizational environments which foster collaborative decision making.
Types of Disputes
  • Commercial/Residential Development
  • Facility Siting
  • Land Use/Zoning
  • Landfill Issues
  • Promulgation of Regulations
  • Political or Public Decision Making
  • Economic Development Corporations
  • Trade Associations
  • Dispute System Design for Organizations
Process Design/Objectives
  • Developing and Evaluating Multiple Options
  • Consensus Building
  • Allowing for the Involvement of All Parties With An Interest
  • Public Education
  • Information Sharing
  • Handling Controversy Effectively
Training Objectives 
  • Solving problems creatively and constructively
  • Promoting effective communication
  • Improving internal & external negotiation skills
  • learning to offer and accept feedback in a constructive manner
  • Improving meeting design & facilitation
  • Managing change constructively
Types of Clients
  • Businesses and business leaders
  • Municipal departments and officials
  • State agencies
  • Chambers of commerce
  • Citizens' groups
  • Consumers groups

  • Conservation and environmental groups

    Court Appointed Special Assistants Program (CASA)
      The CASA program works in Albany County Family Court representing the best interest of children at risk for abuse or neglect.  These children are either in foster care or at risk of being placed in foster care.
    CASA uses volunteers from the community to:
    • facilitate a working relationship with all parties involved 
    • investigate to discover all important facts in a case
    • monitor a child's progress while in foster care
    • present a written report to the Court 
      CASA volunteers also attempt to facilitate the relationships and lines of communication between children, parents, foster parents, caseworkers, law guardians, teachers, and many other relevant parties.  CASA volunteers maintain contact with all parties and monitor compliance with Court orders.  Finally, CASA volunteers prepare an independent, factual report which assists the Court in making timely decisions with respect to the best interest of the child.  The program is successful due mainly to the commitment and motivation of the volunteers, and the low caseload that each volunteer maintains.  Our CASA volunteers provide a valuable, meaningful, service while gaining a true sense of personal satisfaction.
      NYS Department of Social Services statistics show that at the end of 1998 over 600 Albany County children were in foster care. The average stay in foster care for each child is 2.5 years.  Numerous studies have shown that children who receive the assistance of a CASA volunteer will have the time they spend in foster care placement cut in half.
      CASA promotes permanency for every child.  All children deserve a permanent home, either with their biological families, or with an adopted family.

    Safe Schools Program
      The Safe Schools Programs consist of a wide variety of training, curricula, and support activities designed to empower students, teachers, administrators, and staff with conflict resolution and violence prevention skills. 
      During 1998, The Center provided extensive services to eight different schools within Albany School District, as well as three schools in the Schenectady School District.  One-time training sessions were provided to several other schools in both Albany and Schenectady Counties. 
      The Center has also helped train teachers and students in peer mediation in order to: 
    • Empower students to solve their own problems and take responsibility for their actions 
    • Enhance the use of effective communication, negotiation and critical thinking skills
    • Promote mutual understanding of diverse individuals and groups throughout the school community 
      During 1998, The Center provided training and classroom activities to over 500 individuals through its Safe Schools Programming.

Lemon Law Arbitration
   The NYS Attorney General's office contracts with the New York State Dispute Resolution Association, which in turn contracts with the Center to provide trained arbitrators in Lemon Law cases between automobile manufacturers and consumers.  The arbitrator rules on discovery issues, decides other motions, takes evidence and hears testimony at a hearing, and renders a decision.
   The Center arbitrated 26 such cases in 1998.

Special Education Mediation
   The Center is qualified to mediate disputes between school district and the parents of special needs children.  The School District is legally obligated to provide programming for these students, but the District and parents often have very different ideas about how this should be accomplished.
   The Center, through a contract with the New York State Department of Education and the New York State Dispute Resolution Association, has 8 mediators who have taken a specialized 25 hour training in Special Education Mediation.  This is a new program, and during 1998 the Center mediated its first two Special Education Mediations.

Divorce Mediation
    The Center also participates in the highly charged and technically difficult area of divorce mediation.  There is a growing trend for divorcing couples to use mediation to craft a separation agreement.  Mediation is often faster, more private, less costly, and produces agreements and parenting relationships that endure.
   Our 12 divorce mediators have all received an intense forty hour specialized training in divorce mediation.  Topics covered include child custody and visitation, support, maintenance, and asset distribution.
   Due to the technical nature of divorce mediation, as well as the length and intensity of the work, the Center does charge the client a fee for the service.  We have a sliding scale based on the joint gross income of the couple.  During 1998, the Center handled 12 divorce cases.

Family Court Mediation
   The Family Court Mediation Program at Albany County Family Court serves those involved in custody, visitation, and other serious family matters.  The goal of the program is to empower parents and family members to resolve their disputes by mutual consent, and in a manner that best serves the needs of the children involved.  In addition to custody and visitation, our mediators handle issues such as parent-child disputes, support payments, parental relationship, and grandparent visitation.
   The program is very productive and successful due largely to the dedication and expertise of the 27 volunteers who are trained as Family Court Mediators.  These mediators are trained to assist parents in finding workable family options and solutions by using a child-centered and co-parenting approach.  All Family Court mediators have received a 25-hour Basic Mediation Training, served a community apprenticeship, have a minimum of two years mediation experience, have taken a 12-hour Family Mediation training, served a family mediation apprenticeship, and take a minimum of 6 hours of annual continuing education and training.
   During 1998, 232 cases were referred to mediation.  Of these, there were 146 cases where the parties agreed to mediate.  Agreements were reached in 118 cases, or 81%.  These 118 cases represent a huge savings of taxpayer dollars that would otherwise be spent on litigation.

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The Center for Alternative Dispute Resolution, Inc.
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