New Jersey
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in New Jersey. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in New Jersey can be found in RSI’s Research Library and in Reports below.
State Legislation
- New Jersey Statutes 2A:23A-1-30: Alternative Procedure for Dispute Resolution Act
- New Jersey Statutes 2A:23C-1-13: Uniform Mediation Act
- New Jersey Statute 2A:53A-35: Use of alternative dispute resolution methods
Statewide Court ADR Rules and Policies
- Rules Governing the Courts of the State of New Jersey Rule 1:40 - Complementary Dispute Resolution Programs
- New Jersey Standards of Conduct for Mediators in Court-Connected Programs
- New Jersey Standards of Conduct for Arbitrators in the Court-Annexed Arbitration Program
- New Jersey Rules of Professional Conduct 5.5 - Lawyers Not Admitted to the Bar of this State and the Lawful Practice of Law
- Rules Governing the Courts of the State of New Jersey Rule 4.21A - Arbitration of Certain Civil Actions
- Rules Governing the Courts of the State of New Jersey Rule 5:8-1 - Custody of Children - Investigation Before Award
- Rules Governing the Courts of the State of New Jersey Rule 7:8-1 - Trial-Mediation of Minor Disputes in Municipal Court Actions
- Rules Governing the Courts of the State of New Jersey Appendix XXVI: Guidelines for the Compensation of Mediators Serving in the Civil Mediation Program
- New Jersey Review Process for Complaints Against Mediators on Court-Approved Mediation
State Office of Court ADR:
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
New Jersey Statutes 2A:23C-1-13: Uniform Mediation Act
New Jersey Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: This statute sets guidelines for privilege and confidentiality of information exchanged during mediation. It also addresses prohibited mediator reports and mediator conflicts of interest. ...
New Jersey Statute 2A:53A-35: Use of alternative dispute resolution methods
New Jersey Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: For medical malpractice disputes, this statute allows the court to refer the parties, with the plaintiff's consent, to an alternative dispute resolution program. ...
New Jersey Statutes 2A:23A-1-30: Alternative Procedure for Dispute Resolution Act
New Jersey Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: N.J.S.A. 2A:23A-1 to 30 make up the New Jersey Alternative Procedure for Dispute Resolution Act. This act sets forth New Jersey's provisions for private judging and arbitration. Its many sections address: the types of cases appropriate for either pro...
Rules
New Jersey Rules of Professional Conduct 5.5 - Lawyers Not Admitted to the Bar of this State and the Lawful Practice of Law
New Jersey Judiciary. Sep. 1, 2018Resource Type: Rules - Court
Abstract: This rule states that if a lawyer is admitted to practice law "before the highest court of any other state, territory of the United States, Puerto Rico, or the District of Columbia" but not in New Jersey, the lawyer may participate in arbitration, me...
Rules Governing the Courts of the State of New Jersey Rule 1:40 - Complementary Dispute Resolution Programs
Supreme Court of New Jersey. Sep. 1, 2018Resource Type: Rules - Court
Abstract: This rule outlines procedure for maintaining a complementary dispute resolution program. It provides separate referral procedures for mediation of civil, probate, and general equity matters, custody and parenting time actions, and municipal court act...
Rules Governing the Courts of the State of New Jersey Rule 4.21A - Arbitration of Certain Civil Actions
Supreme Court of New Jersey. Sep. 1, 2018Resource Type: Rules - Court
Abstract: Under this rule, all personal injury actions, automobile negligence actions, and other appropriate contract and commercial actions shall be referred to mandatory arbitration. All other cases may be submitted to voluntary arbitration on stipulation of...
Rules Governing the Courts of the State of New Jersey Rule 5:8-1 - Custody of Children-Investigation Before Award
Supreme Court of New Jersey. Sep. 1, 2018Resource Type: Rules - Court
Abstract: Under this rule, the court shall refer to mediation any family action in which the court finds that either the custody of children or parenting time issues are a genuine and substantial issue. The rule outlines procedures for participating in custody...
Rules Governing the Courts of the State of New Jersey Rule 7:8-1 - Trial-Mediation of Minor Disputes in Municipal Court Actions
Supreme Court of New Jersey. Sep. 1, 2018Resource Type: Rules - Court
Abstract: Under this rule, if it appears to the court that a charged offense may constitute a minor dispute, the court may order the persons involved to participate in mediation. Exceptions to this rule include cases involving serious injury, repeated acts of ...
Rules Governing the Courts of the State of New Jersey Appendix XXVI: Guidelines for the Compensation of Mediators Serving in the Civil Mediation Program
Supreme Court of New Jersey. Sep. 1, 2018Resource Type: Rules - Court
Abstract: This rule applies to mediators serving in the Statewide Mediation Program for civil, general equity and probate cases, and mediators serving in the Family Economic Mediation Program. Mediators serve for free for the first two hours in a mediation tha...
New Jersey Review Process for Complaints Against Mediators on Court-Approved Mediation
New Jersey Supreme Court. Aug. 7, 2007Resource Type: Rules - Court
Abstract: This document describes the review process for complaints submitted against mediators in court-connected mediation programs. Complaints are submitted to the Advisory Committee on Mediator Standards. When a complaint is submitted, the Manager of Compl...
New Jersey Standards of Conduct for Arbitrators in the Court-Annexed Arbitration Program
Supreme Court of New Jersey. May. 1, 2003Resource Type: Standards - Court
Abstract: These standards were developed by the New Jersey Supreme Court Arbitration Advisory Committee and apply to arbitrators in civil, court-annexed cases throughout the state. Issues addressed include impartiality, conflict of interest, competence, confid...
New Jersey Standards of Conduct for Mediators in Court-Connected Programs
New Jersey Supreme Court. Feb. 16, 2000; current as of 2010Resource Type: Standards - Court
Abstract: The New Jersey Supreme Court adopted these standards "to instill and promote public confidence in the mediation process and to be a guide to mediators in discharging their professional responsibilities." The standards address party self-determination...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Number of Mediations Conducted Per Month
Kulp, Heather Scheiwe. Aug. 1, 2011Resource Type: Report
Abstract: This report provides information on the number of foreclosure mediations being conducted in court-related programs in 12 states. The report is based on publicly available statistics collected by the author. It includes information on the statewide pr...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
Final Report of the Pilot Program for Mediation of Economic Aspects of Family Law Cases
Supreme Court of New Jersey Complementary Dispute Resolution Committee. May. 23, 2005Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: An evaluation was conducted of all seven vicinages included in a pilot program for mediation of financial issues in divorce that was initiated in New Jersey in 1999. Initially, three vicinages mandated mediation before the matrimonial early settlemen...
The Essex County Child Welfare Mediation Program: Evaluation Results and Recommendations
National Council on Juvenile and Family Court Judges. Jan. 1, 2001Resource Type: Study
Abstract: This interim evaluation is based upon 129 child protection mediations completed during 2000. It focuses on operational goals and the experience of the family and professionals in the mediation process. The study found that the program surpassed its g...
Contacts
Center for Negotiation and Conflict Resolution
Resource Type: Organization
Abstract: This organization is involved in several activities: seminars; lectures; conferences on negotiation and conflict resolution themes; training; direct dispute resolution service to clients; research; and publication of a newsletter, CNCR NEWS, which no...
New Jersey Association of Professional Mediators
Resource Type: Organization
Abstract: The New Jersey Association of Professional Mediators provides accreditation and training for mediators in the state. Its website provides information about the organization's history, activities, links to its standards of conduct and other policies, ...
New Jersey Office of Complementary Dispute Resolution
New Jersey Judiciary.Resource Type: Organization
Abstract: The New Jersey Office of Complementary Dispute Resolution (CDR) provides mediation, arbitration and other services 'complementary' to traditional litigation in order to settle disputes outside of court. Rules governing this office were established on...