Position Statement – 2025

A.8297 (Lunsford)/S.8374 (Persaud)
Support

The Women’s Bar Association of the State of New York (“WBASNY”) supports A.8297 (Lunsford)/S.8374 (Persaud) amending §425 of the Family Court Act to create and implement a pilot program to provide state-funded alternative dispute resolution (“ADR”) for child support matters. Despite supporting the goals of the program, WBASNY members do have some questions that we hope are answered through review of the pilot program.

The goal of the program created pursuant to this legislation is to facilitate a more efficient resolution to child support matters using dispute resolution instead of court resources. Additionally, using a non-court method to resolve claims between litigants, many of whom are self-represented, will ensure that justice is quickly administered and litigants are not continually spending time in court.

Members of WBASNY’s Family & Matrimonial Law Committee, however, raise several questions and concerns, the chief concern being how will mediators be selected? WBASNY members practicing in this area of law have experienced that the success of these ADR programs relies heavily on the training, experience, and motivation of the mediators.

With the understanding that this is a pilot program, WBASNY is interested in being part of the solution and part of the team analyzing how the program works. To that end, WBASNY is available to provide further input from WBASNY members pertaining to regulations for the pilot program, and recommendations regarding training and selection process. WBASNY membership has steep history and experience in this area of law. Investment in reaching fair and equitable outcomes will best serve the program’s success.

WBASNY has a long and honored role in making life better for women and children by advocating for equality and fair treatment. This legislation has strong potential to create faster resolutions to matrimonial cases and support matters but must be done correctly. Accordingly, WBASNY supports this legislation and respectfully requests further and additional input.

WBASNY supports A.8297 (Lunsford)/S.8374 (Persaud)