Start your 7-day free trial — unlock full access instantly.

Lead Closed

This opportunity is no longer accepting submissions.

East NewarkGreen Risk

ClosedProfessional Services

Mediation

BID #: N/A

ISSUED: 9/1/2005

DUE: TBD

VALUE: TBD

100

Rating

Risk Rank

Green Risk

AI-Powered Lead Insights

Executive Summary

This document from the New Jersey Judiciary describes the mediation process within municipal courts. It highlights mediation as a free program that allows parties to actively resolve disputes, offering benefits such as mutually beneficial outcomes, confidentiality, customized agreements, improved communication, and creative solutions. The booklet aims to briefly describe the mediation process and programs available in the municipal court system.

Web Content

Automated discovery link found on East Newark website.

Document Text

--- Document: Mediation Document ---
New Jersey Judiciary 
Deborah T. Poritz, Chief Justice 
Philip S. Carchman, J.A.D., 
Acting Administrative Director of the Courts 
 
 
 
September 2005 
MEDIATION 
IN THE  
MUNICIPAL 
COURTS 
New Jersey Judiciary 


 


8 
 
WHAT ARE THE BENEFITS OF MEDIATION? 
Mediation is a free program that  lets the parties take 
an active part in solving their own dispute, rather 
than leaving the decision-making to others.  In addi-
tion, mediation offers other benefits, including: 
 
• 
the result may benefit all of the parties and pro-
vide a “win-win” solution; 
• 
what goes on in mediation is confidential, with a 
few exceptions; 
• 
the final agreement can be custom made to meet 
the unique needs of the case and the parties; 
• 
the parties establish early, direct communications 
and understanding about the important issues of 
each side; 
• 
trained mediators assist the parties in coming up 
with more creative solutions not usually found in 
the traditional courtroom situation;  and 
• 
there is no cost to the parties for mediation, and it 
may offer a more relaxed and meaningful alterna-
tive to the traditional trial process. 
1 
 
INTRODUCTION 
HOW MEDIATION SOLVED A DISPUTE 
BETWEEN NEIGHBORS 
A Story with a Happy Ending 
Dan Willow arrived at the municipal court office in his 
town one morning and asked how he could file a 
case against his neighbor, Clara.  According to Dan, 
Clara had a dog that barked late into the night until 
Clara arrived home.  He had spoken with Clara, but 
had been unable to resolve the problem. 
 
Court staff gave Dan a complaint form to complete.  
After reviewing the complaint, the court administrator 
said that Dan and Clara’s dispute could be resolved 
easily and quickly by mediation.   
 
Dan was told that his case would not go directly to a 
judge, but instead would be handled through media-
tion.  The court administrator briefly explained the 
mediation process and gave Dan an informational 
booklet about mediation in New Jersey. 
 
Both Dan and Clara received a notice in the mail 
scheduling their mediation session.  On that date, 
Dan and Clara met the mediator assigned to their 
case.  The mediator sat with Dan and Clara and per-
mitted each one to explain his or her side of the story.  
Clara learned that Dan worked early in the  morning 
and that when her dog barked it kept him from 


2 
 
getting a good night’s sleep.  Dan learned that  
Clara’s job often kept her working late into the night 
to meet important deadlines.   
 
To solve the problem, Clara agreed to bring her dog 
to obedience school, and, in the meantime,  Dan 
agreed to wear earplugs to bed.  Dan also agreed to 
withdraw his complaint.  When they left the media-
tion session, Dan and Clara both felt that they had 
come to a reasonable agreement that they could 
each live with. 
 
BACKGROUND 
The New Jersey court system understands that your 
case is very important.  In some cases, going before 
a judge would be the most effective way to end the 
dispute.  However, in many cases, experience has 
shown that other methods may be more effective, 
efficient and meaningful to the people involved. 
 
Sometimes a municipal court judge may refer a case 
to mediation.  Even when the judge doesn’t require a 
case to be mediated, the person who brings the case 
to the court and the defendant may request media-
tion.  New Jersey Court Rules 7:8-1 and 1:40-1 et 
seq. explain mediation in detail.
7 
 
WHAT ARE THE ROLES OF THE PARTIES AND 
THEIR ATTORNEYS, IF ANY, IN MEDIATION? 
The parties are required to make an honest effort to 
cooperate with the mediator, keeping in mind that the 
goal is to arrive at a solution that both parties can 
accept.  Both parties must take part in discussing the 
agreement because it is their case and their settle-
ment.  If the parties have attorneys, the attorneys 
may accompany their clients to provide assistance.  
The mediator will decide the degree of the attorneys’ 
participation. 
 
WHAT IF A PARTY DOESN’T LIVE UP TO THE 
TERMS OF THE AGREEMENT? 
If the one party doesn’t live up to the terms of the 
agreement, the other may contact the court about 
what to do next. 
 


6 
 
WHAT HAPPENS IN MEDIATION? 
Mediators begin by describing to the parties how me-
diation works.  Next, the mediator will ask the partici-
pants to follow certain rules.  One of the most impor-
tant rules of mediation is that almost everything that 
goes on in mediation is confidential.  That is, what is 
said in mediation cannot be discussed outside of me-
diation unless the parties agree.  Usually, the media-
tor next will ask the parties to describe the issues in 
dispute from their own viewpoints.  After that, the 
mediator will help the parties to explore areas of pos-
sible compromise and to develop a solution that 
serves everybody’s interests.   
 
Sometimes the mediator may meet with the parties 
separately for a private discussion that might help 
the parties agree.  If an agreement is reached, the 
mediator will prepare a document that explains the 
details.  When all the parties sign the agreement, the 
court will be asked to dismiss the case. 
 
WHAT IF THE CASE ISN’T RESOLVED IN 
MEDIATION? 
Sometimes the parties are unable to reach an agree-
ment.  In that event, the case can be returned to the 
court and then the dispute will be heard before a 
judge. 
 
3 
 
The purpose of this booklet is to briefly describe the 
mediation process and programs available in the mu-
nicipal court system.  If you have any questions 
about anything discussed in this booklet, please call 
(609) 292-9633 and ask for the legal department of 
the Municipal Court Services Division. 
 
HOW DOES A DISPUTE GET TO THE MUNICIPAL 
COURT? 
Under New Jersey law, a private citizen is permitted 
to bring a case against another citizen claiming that 
the second person has violated some law.  The per-
son who starts the case is called the "complaining 
witness" and the person the complaint is about is 
called the "defendant."  A dispute gets to the munici-
pal court when a complaining witness files a written 
complaint against a named defendant.  Both the 
complaining witness and the defendant are called 
"parties," which is the court's way of referring to peo-
ple who are directly involved in the case. 
 
WHAT IS MEDIATION? 
Municipal court mediation is a no-cost way to end 
disputes without going to court and without using a 
judge to decide the case.  In mediation, the mediator 
encourages discussions between the parties to help 
them reach an agreement they can both accept.  The 
mediator will not favor one party over the other.  
What makes mediation unique is that a mediator 


4 
 
does not decide the outcome of the case.  The par-
ties work together to solve the problems between 
them.   
 
WHAT KINDS OF CASES COULD BENEFIT FROM 
MEDIATION? 
Some cases are better suited for mediation, such as 
neighborhood disputes, noise violations and harass-
ment complaints, just to name a few.  Mediation has 
been used successfully in the following kinds of 
cases: 
 
• 
the parties may know one another or have a con-
tinuing relationship; 
• 
there are communication problems between par-
ties; 
• 
the principal barriers to settlement may be per-
sonal or emotional;  
• 
the parties want to create a solution to meet spe-
cific needs or interests; 
• 
the parties want to settle because they want to 
avoid a long trial and the expense of going before 
a judge; 
• 
the parties want to keep control over the outcome 
of the case; or  
•the parties seek a more private way to resolve their 
dispute.
5 
 
CAN ALL CASES BE MEDIATED? 
Mediation is limited to municipal court cases involv-
ing private citizen complaints.  There is no mediation 
of the complaint if it: (1) involves serious injury, (2) 
involves repeated acts of violence between the par-
ties, (3) involves clearly demonstrated psychological 
or emotional disability of a party, (4) involves inci-
dents involving the same persons who are already 
parties to a Superior Court action between them, (5) 
involves matters arising under the Prevention of Do-
mestic Violence Act, or (6) involves a violation of the 
New Jersey Motor Vehicle Code. 
 
HOW DOES A CASE GET INTO MEDIATION? 
Municipal court judges and court staff can refer ap-
propriate cases to mediation.  The parties them-
selves may also request that their dispute be re-
ferred to mediation.  The earlier that a case can be 
referred to mediation, the greater the chance that the 
parties can resolve their dispute effectively and effi-
ciently. 
 
WHO ARE MEDIATORS? 
Mediators are individuals who must meet the qualifi-
cations and training requirements in Court Rule 1:40-
12.  In addition, they must be approved by the court.  
Usually, mediators are unpaid volunteers.