Mediation is a dispute resolution process in which an impartial third party - the mediator - facilitates negotiations among the parties to help them reach a mutually acceptable settlement. The major distinction between mediation and arbitration is that, unlike an arbitrator, a mediator does not make a decision about the outcome of the case. The parties, with the assistance of their attorneys, work toward a solution with which they are comfortable. The purpose of mediation is not to decide who is right or wrong. Rather, its goal is to give the parties the opportunity to (1) express feelings and diffuse anger, (2) clear up misunderstandings, (3) determine underlying interests or concerns, (4) find areas of agreement, and, ultimately, (5) incorporate these areas into solutions devised by the parties themselves.
Court Rule 1:40-4 & 6 govern the mediation program for Civil, General Equity and Probate Cases. Under R. 1:40-6, the court can refer any civil case to mediation at no charge for two hours.
Surveys have been developed by the Civil Practice Division to track the impact of Statewide Mediation in the settlement of cases. Data from the completed surveys may be used to enhance the Statewide Mediation program in the future. Mediators, attorneys and their clients are requested to complete the surveys found below.
|Catalog Number||Form Title||Revision Date||Survey|
|10524||Statewide Mediation Attorney Questionnaire||September 2011||Survey Monkey|
|10525||Statewide Mediation Litigant Questionnaire||September 2011||Survey Monkey|
|10526||Statewide Mediation Case Information Form||September 2011||Survey Monkey|