New Jersey Mediation Clauses
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How to fill out Mediation Clauses?
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FAQ
4(c) provides that a mediation communication is not subject to discovery or admissible in evidence in any subsequent proceeding except as provided by the New Jersey Uniform Mediation Act, N.J.S.A. 2A:23C1 13.
(e) N.J.S. 2A:23C-8 provides: Unless made during a session of a mediation which is open, or is required by law to be open, to the public, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this State.
Generally, mediation clauses are enforceable. However, mediation is essentially a consensual process, and a settlement is unlikely if one party is forced to participate. The mediation clause recognizes that both parties have considered, and are open to, the mediation process.
Arbitrator is given power to decide. Final and binding decision. Mediator has no power to decide. Settlement only with party approval.
The negotiations that took place in mediation stay confidential and cannot be used in court. If the Case Settles, there is usually a private written agreement. The agreement can include provisions for what happens if someone violates the agreement.
If the mediation occurred as part of a lawsuit, the court can enter an order that encompasses the agreement's terms. If it was not part of a lawsuit, then the written agreement will be enforceable as a contract.
The role of the mediator is to assist the parties in reaching a resolution of their dispute. The parties may confer with the mediator on an ex parte basis. Anything said to the mediator will be deemed to be confidential and will not be revealed to another party or to others without the party's consent.
If there is clear wording in the contract that provides for the survival of the dispute resolution clause in the event of termination, the courts will hold the parties to their contractual bargain and enforce the process.
