N.J. Admin. Code § 1:1-20.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 1:1-20.2 - Conduct of mediation

(a) Mediation shall be conducted in accordance with the following procedures:

1. Discovery to prepare for mediation shall be permitted at the discretion of the judge.

2. All parties to the mediation shall make available for the mediation a person who has authority to bind the party to a mediated settlement.

3. Parties may not use any information gained solely from the mediation in any subsequent proceeding.

4. Parties may not subpoena the mediator for any subsequent proceeding.

5. Parties may not disclose to any subsequently assigned judge the content of the mediation discussion.

6. Parties shall mediate in good faith.

7. Any agreement of the parties derived from the mediation shall be binding on the parties and will have the effect of a contract in subsequent proceedings.

(b) If any party fails to appear at the mediation, without explanation being provided for the nonappearance, the mediator shall return the matter to the Clerk for scheduling a hearing or for return of the matter to the agency and, where appropriate, the mediator may consider sanctions under N.J.A.C. 1:1-14.1 4.

(c) The mediator may at any time return the matter to the Clerk and request that a hearing be scheduled before another judge or that the matter be returned to the agency.

(d) No particular form of mediation is required. The structure of the mediation shall be tailored to the needs of the particular dispute. Where helpful, parties may be permitted to present any documents, exhibits, testimony or other evidence which would aid in the attainment of a mediated settlement.

(e) In no event shall mediation efforts continue beyond 30 days from the date of the first scheduled mediation unless this time limit is extended by agreement of all the parties.

N.J. Admin. Code § 1:1-20.2

Amended by R.1991 d.279, effective 6/3/1991 (operative July 1, 1991).
See: 23 N.J.R. 639(a), 23 N.J.R. 1786(a).
In (a)5, revised N.J.A.C. citation.
Recodified from N.J.A.C. 1:1-20.1 and amended by R.1999 d.413, effective 12/6/1999.
See: 31 N.J.R. 2290(a), 31 N.J.R. 2717(a), 31 N.J.R. 3999(a).
In (a), deleted a former 2, and recodified former 3 through 7 as 2 through 6. Former N.J.A.C. 1:1-20.2, Conclusion of mediation, recodified to N.J.A.C. 1:1-20.3.
Amended by R.2007 d.393, effective 12/17/2007.
See: 39 N.J.R. 2393(a), 39 N.J.R. 5201(a).
Added new (a)1; recodified former (a)1 through (a)6 as (a)2 through (a)7; in (a)5, inserted "or for return of the matter to the agency" and "the mediator"; and in (a)6, inserted "or that the matter be returned to the agency".
Amended by R.2009 d.112, effective 4/6/2009.
See: 41 N.J.R. 5(a), 41 N.J.R. 1391(a).
Rewrote (a)3 and (a)4; added new (a)5 through (a)7; recodified former (a)5 through (a)7 as (b) through (d); and recodified former (b) as (e).