New York, NY asked in Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for New York

Q: Kindly share ANY precedent of Civil Mediation ADR that have occurred via mail, instead of in-person.

Dear All,

In Ref: EF2021-0863, Tompkins County. In a complicated Civil Lawsuit of an Absentee Landlord against Rental Management Agency, and therefore its two vulnerable tenants, The Supreme Court has referred the case to Civil Mediation Court for ADR for settlement.

One of the tenants is LEP and hasn't been contacted in over 6 months, is in total incomprehension of lawsuit. The other tenant is TBI disabled, however, disability affects him only in time limited situations. So if Mediation duration was made 5 times, or if it were to happen by mail, successful resolutions could be brought forth. USPS Mail is pretty fast these days. Also the tenant has Cognitive Visual Disability, as in Thinking on Screen in a time limited setting affects his Intelligence.

Each party can write, and response could be written back, and then decided. Internet and Technology was not designed to bypass an honest and transparent process to achieve speed. Kindly share.

Kind Regards,


2 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Arbitration & Mediation Lawyer
  • Little Neck, NY
  • Licensed in New York

A: A landlord-tenant attorney could probably advise best, but your question remains open for a week. At this point, one option might be to contact the American Arbitration Association to explore whether they could offer guidance on your inquiry. I have had mail-based arbitrations through the AAA (insurance-related matters, not L-T matters). Good luck

Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Bhuvan:

Good day. You did not mention your relation to the tenants, the litigation, and the property. But you are a defendant, united in interest with your co-tenant, also a defendant, you were represented by Legal Services counsel, your counsel was permitted to be relieved of the representation of both defendants and the Court determined to appoint a GAL for one of the tenant defendants.

I humbly suggest you reach out to the GAL which has control of your litigation. You could also consider hiring an attorney with language proficiency to take over counsel duties for the LEP co-tenant and co-defendant.

Good luck.

1 user found this answer helpful

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