§ 849-b. Establishment and administration of centers. 1. There is
hereby established the community dispute resolution center program, to
be administered and supervised under the direction of the chief
administrator of the courts, to provide funds pursuant to this article
for the establishment and continuance of dispute resolution centers on
the basis of need in neighborhoods.

2. Every center shall be operated by a grant recipient.

3. All centers shall be operated pursuant to contract with the chief
administrator and shall comply with all provisions of this article. The
chief administrator shall promulgate rules and regulations to effectuate
the purposes of this article, including provisions for periodic
monitoring and evaluation of the program.

4. A center shall not be eligible for funds under this article unless:

(a) it complies with the provisions of this article and the applicable
rules and regulations of the chief administrator;

(b) it provides neutral mediators who have received at least
twenty-five hours of training in conflict resolution techniques;

(c) it provides dispute resolution without cost to indigents and at
nominal or no cost to other participants;

(d) it provides that during or at the conclusion of the dispute
resolution process there shall be a written agreement or decision
setting forth the settlement of the issues and future responsibilities
of each party and that such agreement or decision shall be available to
a court which has adjourned a pending action pursuant to section 170.55
of the criminal procedure law;

(e) it does not make monetary awards except upon consent of the
parties and such awards do not exceed the monetary jurisdiction of the
small claims part of the justice court, except that where an action has
been adjourned in contemplation of dismissal pursuant to section 215.10
of the criminal procedure law, a monetary award not in excess of five
thousand dollars may be made; and

(f) it does not accept for dispute resolution any defendant who is
named in a filed felony complaint, superior court information, or
indictment, charging: (i) a class A felony, or (ii) a violent felony
offense as defined in section 70.02 of the penal law, or (iii) any drug
offense as defined in article two hundred twenty of the penal law, or
(iv) a felony upon the conviction of which defendant must be sentenced
as a second felony offender, a second violent felony offender, or a
persistent violent felony offender pursuant to sections 70.06, 70.04 and
70.08 of the penal law, or a felony upon the conviction of which
defendant may be sentenced as a persistent felony offender pursuant to
section 70.10 of such law.

5. Parties must be provided in advance of the dispute resolution
process with a written statement relating:

(a) their rights and obligations;

(b) the nature of the dispute;

(c) their right to call and examine witnesses;

(d) that a written decision with the reasons therefor will be
rendered; and

(e) that the dispute resolution process will be final and binding upon
the parties.

6. Except as otherwise expressly provided in this article, all
memoranda, work products, or case files of a mediator are confidential
and not subject to disclosure in any judicial or administrative
proceeding. Any communication relating to the subject matter of the
resolution made during the resolution process by any participant,
mediator, or any other person present at the dispute resolution shall be
a confidential communication.