N.J. Admin. Code § 5:105-2.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:105-2.5 - Mediation

(a) Upon receipt of a complaint, the Council shall offer the services of a mediator without charge to the parties.

(b) A complaint will be referred to a mediator only if the complainant and custodian agree to enter into mediation by executing the most recent version of the Council's authorized agreement to mediate.

(c) A party who fails to respond to an offer of mediation within five business days from the date of its receipt shall be deemed to have rejected the offer to mediate the complaint.

(d) A mediator selected by the Council will conduct all mediation proceedings.

(e) Mediation practices shall be governed by the Uniform Mediation Act, N.J.S.A. 2A:23C-1 et seq.

(f) Neither the mediator nor any party to mediation shall divulge to anyone a mediation communication, as defined in the Uniform Mediation Act, without the written consent of all participants. No party may use the statements made or documents produced during mediation proceedings against another party in any proceeding before the Council if mediation fails to resolve all issues presented in the complaint and the complaint is referred to the Council for adjudication.

(g) Representatives of the parties may participate in mediation proceedings and shall be bound by the rules with respect to mediation as set forth in this section. Such representative(s) must submit a letter of representation to the Council and must sign the agreement to mediate as provided at (b) above.

(h) A "nonparty participant," as defined at N.J.S.A. 2A:23C-2, may participate in mediation proceedings and shall be bound by the rules with respect to mediation as set forth in this section. Such nonparty participant shall execute the most recent version of the Council's agreement to mediate.

(i) Parties may cease participation in the mediation process at any time and elect to have their complaint referred back to the Council for adjudication.

(j) The mediator may cease proceedings and refer the complaint back to the Council if the mediator has reason to believe a party has breached the provisions at (f) above, breached any provision of the agreement to mediate, or determines that the process is less than productive.

(k) A complaint shall remain in mediation until referred back to the Council for adjudication by the mediator's notification of such to the parties and Council staff.

(l) The Council shall not consider any mediation communications if the complaint is referred back to the Council for adjudication.

(m) The Council shall administratively dismiss any complaint upon the mediator's receipt of a written mediation agreement fully executed by the parties that stipulates that the matters presented in the complaint have been resolved and notification from the mediator that the complaint has been settled. The Council shall provide the parties notice of any dismissal by issuing an administrative complaint disposition on the complaint.

N.J. Admin. Code § 5:105-2.5

Amended by 54 N.J.R. 2081(a), effective 11/7/2022