Civil mediation is a process where a third party neutral, the mediator, facilitates communication and negotiation between opposing parties to reach a mutually acceptable settlement agreement. Mediation is but one of the complementary dispute resolution (CDR) programs offered to individuals and business entities in New Jersey. Mediation can allow for a more flexible and less formal approach to resolving your dispute.

In recognition of the value provided by CDR programs, The Jayson Law Group LLC’s own Attorney Schragger-Paeglis is a R 1:40 Qualified Mediator in the state of New Jersey. Drawing from a background involving engineering, manufacturing and environmental law, Ms. Schragger-Paeglis is qualified to mediate matters regarding construction, contractual disputes, commercial transactions, environmental litigation, product liability, actions for professional malpractice, and toxic torts. She can provide impartial and experienced mediation services that cut through ancillary issues and identify the areas where compromise or agreement are necessary and likely.

What does the civil mediation program in New Jersey entail?

At any time following the filing of a complaint in the state of New Jersey, a judge or the court can refer a matter to mediation. After a matter has been referred to mediation the parties may choose to select a suitable mediator from the court roster or another mediator with suitable training and experience within 14 days of the notice. If no mediator is selected, then the mediator assigned by the court and listed on the referral will be assigned to the matter.

While every mediation proceeds according to the issues and concerns at hand, there are some steps that are inherent to the process. Mediation proceedings begin with an opening statement made by the mediator. The opening statement will describe the purpose and procedures of the mediation proceedings including the fact that the first two hours of mediation are provided without charge and no party may opt-out of further proceedings until these hours are completed. The mediator may also discuss the need for participants with negotiating authority and the procedures regarding non-party witnesses.

Following these introductory statements, the mediator may then request the parties or their attorneys to provide a brief summary of the disputed issues and how they view the issue. Thereafter the mediator will assist the parties in identifying areas where compromise may be possible. Drawing on the potential concessions each side may be willing to make,  the mediator can then help guide the parties towards a resolution and settlement that finds a middle ground while respecting the important interests of each party.

What are the advantages to engaging in the mediation process?

There are a number of advantages presented by the mediation program in comparison to traditional litigation. To begin, with limited exceptions, the things that are said, the evidence that is presented, and the offers that are made in mediation remain confidential. This is in contrast to formal proceedings where in-court statements and decisions made by a judge or jury typically become part of the public record and are accessible by the public.

Aside from providing a greater degree of confidentiality, mediation proceedings also allow for a much greater degree of flexibility in proceedings. This more flexible approach can sometimes be utilized to advance win-win solutions and avoid a zero-sum approach to the problem. Furthermore, the approach to the process can be designed to address the needs of the parties and their concerns. In short, the mediation program offered by New Jersey is particularly adaptable even in comparison to other CDR and ARR programs offered by the judiciary.

Beyond the benefits of increased confidentiality and ample flexibility, mediation can be a more cost-efficient process as well.

What happens if my case is not resolved by mediation?

While many cases are able to be resolved fully and completely through mediation, some matters or portions of matters cannot. If the entire matter is unresolved it is likely that the entire matter will be returned to the court that referred the matter to mediation and it will proceed along the track initially assigned to it. If only aspects of the dispute remain, more creative solutions may be possible including submitting issues to an expert for a binding or non-binding decision or engaging in arbitration.

To discuss the mediation services offered by The Jayson Law Group LLC, call our law office at (908) 258-0621, or contact us online today.