D.N.J. L. Civ. R. 301.1

Table of Contents

REFERENCE SUBJECT HEADINGS

(a) Designation of Mediators

(b) Designation of Compliance Judge

(c) Compensation of Mediators

(d) Civil Actions Eligible for Mediation

(e) Mediation Procedure

(f) Guidelines for Mediation

(g) Ethical Standards for Mediators

(h) Grievance Procedure

(a) (i) Designation of Mediators

(1) The Chief Judge shall designate as many mediators as determined to be necessary under this Rule.

Mediators shall be designated for terms of service up to three years, subject to extension at the discretion of the

Chief Judge, and such terms shall be staggered to provide orderly rotation of a portion of the membership of the

panel of mediators.

(2) An individual may be designated to serve as a mediator if he or she:

(A) has been for at least five years a member of the bar of the highest court of a State or the

District of Columbia;

(B) is admitted to practice before this Court;

(C) is determined by the Chief Judge to be competent to perform the duties of a mediator; and

(D) fulfills application criteria set by the Court.

(ii) Another Judge (including Bankruptcy Judges), as part of his or her official duties, may serve as a

mediator/settlement judge and without compensation.

(3) Each mediator shall, for the purpose of performing his or her duties, be deemed a quasi judicial

officer of the Court.

(b) Designation of Compliance Judge

The Board of Judges shall designate a Judge to serve as the compliance judge for mediation. This

compliance judge shall be responsible to the Board of Judges for administration of the mediation program

established by this Rule and shall entertain any procedural or substantive issues arising out of mediation.

(c) Compensation of Mediators

Each mediator designated to serve by the Chief Judge under L. Civ. R. 301.1 (a) shall be compensated

$400 an hour for service in each civil action referred to mediation, which compensation shall be borne equally

by the parties.

(d) Civil Actions Eligible for Mediation

Each Judge may, without the consent of the parties, refer any civil action to the Court’s mediation

program. The parties in any civil action may, with consent of a Judge, agree to mediation and, if such consent is

given, select a mediator. Notwithstanding the above, no civil action described in L. Civ. R. 72.1(a)(3)(C), may

be referred to mediation unless otherwise ordered by a Judge.

(e) Mediation Procedure

(1) Counsel and the parties in each civil action referred to mediation shall participate therein

and shall cooperate with the mediator, who shall be designated by the referring or compliance Judge.

(2) Whenever a civil action is referred to mediation the parties shall, as soon as is

practicable, contact the assigned mediator to discuss the scheduling of mediation and the submission of

mediation position statement.

(3) Counsel and the parties (including individuals with settlement authority for specific

individuals) shall attend all mediation sessions unless otherwise directed by the mediator.

(4) If the parties and the mediator agree, the mediation session may include a neutral

evaluation by the mediator of the parties’ positions on any designated claims, counterclaims, defenses or

other material issues; and the parties and mediator may arrange a schedule within the mediation

timetable for briefing and discussing such matters.

(5) The mediator may meet with counsel and the parties jointly or ex parte. All information

presented to the mediator shall be deemed confidential unless requested otherwise and shall not be

disclosed by anyone, including the mediator, without consent, except as necessary to advise the Court of

an apparent failure to participate. The mediator shall not be subject to subpoena by any party. No

statements made or documents prepared for mediation shall be disclosed in any subsequent proceeding

or construed as an admission.

(6) A stay of proceedings (including motion practice and discovery) pending mediation shall

be at the discretion of the referring Judge.

(f) Guidelines for Mediation

The Court, the Clerk, the parties, attorneys and mediators are hereby referred to the Guidelines for

Mediation (Appendix Q to these Rules) for their information and guidance in civil actions referred to mediation

pursuant to this Rule. Said Guidelines for Mediation shall have the same force and effect as the provisions of this

Rule.

(g) Ethical Standards for Mediators

(1) Impartiality

A mediator shall be impartial and advise all parties of any circumstances bearing on possible bias,

prejudice, or impartiality. Impartiality means freedom from favoritism or bias in word, action, and appearance.

Impartiality implies a commitment to aid all parties, as opposed to an individual party, in moving toward an

agreement.

(A) A mediator shall maintain impartiality while raising questions for the parties to consider

as to the reality, fairness, equity, and feasibility of proposed options for settlement.

(B) A mediator shall withdraw from mediation if the mediator believes the mediator can no

longer be impartial.

(C) A mediator shall not accept or give a gift, request, favor, loan or any other item of value

to or from a party, attorney, or any other person involved in and arising from any mediation

process.

(2) Conflicts of Interest and Relationships; Required Disclosures; Prohibitions

(A) A mediator must disclose to the parties and to the compliance judge any current, past, or

possible future representation or consulting relationship with, or pecuniary interest in, any

party or attorney involved in the mediation.

(B) A mediator must disclose to the parties any close personal relationship or other circumstance,

in addition to those specifically mentioned in L.Civ.R. 301.1(g)(2)(A), which might

reasonably raise a question as to the mediator's impartiality.

(C) The burden of disclosure rests on the mediator. All such disclosures shall be made as soon as

practical after the mediator becomes aware of the interest or the relationship. After

appropriate disclosure, the mediator may serve if all parties so desire. If the mediator

believes or perceives that there is a clear conflict of interest, the mediator shall withdraw

irrespective of the expressed desires of the parties.

(D) In no circumstance may a mediator represent any party in any matter during the mediation.

(E) A mediator shall not use the mediation process to solicit, encourage, or otherwise incur

future professional services with any party.

(h) Grievance Procedure

Any grievance concerning the conduct of a mediator, attorney, or other participant in a mediation shall

be made in writing to the compliance judge within 30 days from the event giving rise to the grievance. The

compliance judge may investigate the grievance and take such action in response thereto as may be appropriate,

upon due notice to all affected persons or entities.