N.J. Admin. Code § 2:76-18.6

Current through Register Vol. 56, No. 19, October 7, 2024

Section 2:76-18.6 - Agreement to Mediate

(a) Upon receipt of the completed standard form, the Committee shall forward copies of the standard form and an Agreement to Mediate provided by the Committee to the named disputants along with an explanation of the mediation process.

(b) No mediation shall be conducted until all participants sign the Agreement to Mediate as provided by the Committee, and the Committee is in receipt of same.

1. Additional parties may participate in a mediation proceeding by signing the Agreement to Mediate and by obtaining the consent of the parties signing the request for mediation.

2. The Committee shall be in receipt of the revised Agreement to Mediate prior to the commencement of the mediation session.

(c) The Agreement to Mediate shall contain the following:

1. The name of the mediator appointed by the Committee;

2. A brief statement of the issue to be mediated;

3. The names of the disputants;

4. An agreement not to subpoena either the mediator or data gathered for the mediation session to prove facts alleged in an action concerning the same subject matter;

5. A statement waiving participants' rights to take civil action against the Committee and the designated mediator or agent of the mediation program, and release the Committee and its designated mediator from civil liability within the scope of the mediation services; and

6. A statement agreeing to follow the written terms of any settlement agreement arising out of the mediation process.

N.J. Admin. Code § 2:76-18.6