Legislation recently passed in the New York State Senate and Assembly that changes
New York State’s judiciary law to allow arbitration and mediation court proceedings on
Saturdays or Sundays was signed into law by Governor Cuomo on Monday.
The new law, sponsored by Senator Simcha Felder (D-Midwood) and Assemblyman
Michael Simanowitz (D-Flushing) makes it easier to settle civil disputes outside the traditional courtroom setting. The previous law prohibited all court proceedings on Saturdays and Sundayarbitration, mediation, and traditional courts alike.
Trying a case in arbitration or mediation court is less expensive, progresses much faster,
and results in rulings as legally binding as any issued in traditional court. Arbitration or
mediation courts are an especially helpful resource for small business owners, people with
limited financial resources, Orthodox Jews (who typically settle civil disputes in Jewish
arbitration courts called Bet Din), seniors, and anyone with limited opportunity to take off time from work. Restricting access to arbitration or mediation court deprived those who stood to gain the most of this faster, more affordable option.
Under the previous law, legal decisions could also be easily overturned if any part of the
proceedings took place on a Saturday or Sunday. Now, providing that all parties to the dispute state their consent in writing, the new law protects rulings issues issued by an arbitration or mediation court, regardless of when the proceeding took place.
“This new law is tremendously beneficial to many people across New York State,” said Senator Felder in response to Monday’s news that the governor signed the bill into law. “By
signing this bill, Governor Cuomo has given countless people the chance for their day in court, on the day of the week that best suits their needs.”
“We are extremely glad to see this amendment become law,” said Assemblyman
Simanowitz. “By allowing all New Yorkers the right to seek justice in a legitimate and
recognized legal setting, we open the doors of justice to our entire community. I was glad to work with Senator Felder and my colleague, Assemblywoman Helene Weinstein to help make this a life changing reality for our constituents.”
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This law also benefits Muslim-Americans who voluntarily agree to adjudicate disputes in variations of a Shariah-compliant court or quasi-judicial body. Its a slippery slope, however, when these alternative dispute resolution forums move from “voluntary” to a more coercive mode based on cultural norms within a community. Everyone should always retain and have unconditional access to civil courts without fear of retaliation or being shunned.
This law is very helpful for people who work all week, That way no need to take off of work to spend in Bais Din.