In Surrogate’s Court practice, as a result of the pandemic and resulting delays, and an unprecedented shortage of court staff, both the courts and the parties to Surrogate’s Court proceedings are more inclined to attempt to have their disputes resolved by settlement. This can take place within the court structure through court-sponsored mediation, or outside the court by the parties agreeing to mediation or arbitration.

In contested proceedings, very often, the court may determine that a conference should be held in an attempt to resolve the issues. The proceeding may involve motions, discovery, or some other procedural matter but the courts are always open to the possibility that a matter can be settled. Accordingly, a law assistant or secretary, chief clerk, deputy chief clerk, all of whom may be designated as referees, will aim to see if the entire matter may be settled and negotiate with the attorneys and parties. Somewhere along the line, a decision may be made whether or not the Surrogate should participate in the settlement process. The Surrogate may hold the conference from the beginning, or the attorneys or the court personnel involved in the negotiations may subsequently ask for the Surrogate’s participation in order to bring about a resolution.