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New Jersey Statutes Title 2A. Administration of Civil and Criminal Justice 2A § 23C-9

Current as of January 01, 2024 | Updated by Findlaw Staff

a. Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and

(2) disclose any such known fact to the mediation parties as soon as is practicable before accepting a mediation.

b. If a mediator learns any fact described in paragraph (1) of subsection a. after accepting a mediation, the mediator shall disclose it as soon as is practicable.

c. At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.

d. A person who violates subsection a., b., or g. shall be precluded by the violation from asserting a privilege under section 4 of P.L.2004, c. 157 (C.2A:23C-4), but only to the extent necessary to prove the violation.

e. Subsections a, b., c., and g. do not apply to a judge of any court of this State acting as a mediator.

f. This act does not require that a mediator have a special qualification by background or profession.

g. A mediator shall be impartial, notwithstanding disclosure of the facts required in subsections a. and b.

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Cite this article: FindLaw.com - New Jersey Statutes Title 2A. Administration of Civil and Criminal Justice 2A § 23C-9 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-2a-administration-of-civil-and-criminal-justice/nj-st-sect-2a-23c-9/

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