Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Monday, August 17, 2009

1:40-12. Mediators and Arbitrators in Court-Annexed Programs

1:40-12. Mediators and Arbitrators in Court-Annexed Programs

(a) Mediator Qualifications
(1) ...no change
(2) ...no change
(3) ...no change
(4) ...no change
(5) ...no change
(6) Family Part Economic Mediators. Mediators of economic issues in
family disputes shall meet the applicable requirements herein set forth for attorneys
and non-attorneys and shall complete the required training set forth in paragraph (b)
of this Rule:

(i) Attorneys
a. Juris Doctor (or equivalent law degree)
b. Admission to the bar for at least seven years
c. Licensed to practice law in the state of New Jersey
d. Practice substantially devoted to matrimonial law
(ii) Non-Attorneys
a. Advanced degree in psychology, psychiatry, social work, business,
finance, or accounting, or a CPA or other relevant advanced degree
deemed appropriate by the credentials committee,
b. At least seven years experience in the field of expertise; and
c. Licensed in New Jersey if required in the field of expertise
(iii) Any retired Superior Court judge with experience in handling
dissolution matters.

(b) Mediator Training Requirements.
(1) General Provisions. [Unless waived pursuant to subparagraph (2), a] All
persons serving as mediators shall have completed the basic dispute resolution
training course as prescribed by these rules and approved by the Administrative
Office of the Courts. Volunteer mediators in the Special Civil Part and Municipal
Court mediators shall have completed 18 classroom hours of basic mediation skills
complying with the requirements of subparagraph [(4)] (3) of this rule. Mediators on
the civil, general equity, and probate roster of the Superior Court shall have
completed 18 classroom hours of basic mediation skills complying with the
requirements of subparagraph [(4)] (3) of this rule and at least five hours being
mentored by an experienced mediator on the roster in accordance with guidelines
promulgated by the Administrative Office of the Courts in at least two cases in the
Superior Court. Individuals may obtain a waiver of the mentoring requirement from
the Administrative Office of the Courts on the successful demonstration that they
have previously served as a mediator in at least five cases under R. 1:40-4 or
comparable mediation program or have satisfactorily completed at least 10 hours in
an approved advanced mediation course. Family Part mediators shall have
completed a 40-hour training program complying with the requirements of
subparagraph [(5)] (4) of this rule; and judicial law clerks shall have successfully
completed 12 classroom hours of basic mediation skills complying with the
requirements of subparagraph [(6)] (5) of this rule.
[ (2) Consideration of Prior Training. The Administrative Office of the Courts
or the Assignment Judge, as appropriate, may waive these basic training
requirements for mediators already serving prior to the effective date of this rule
upon a determination that the mediator is qualified to continue to serve by reason of
background, training, relevant educational and professional experience, and any
other relevant factor.]

(2) [ (3) ] Continuing Training. Commencing in the year following the
completion of the basic training course or the waiver thereof, all mediators shall
annually attend four hours of continuing education and shall file with the
Administrative Office of the Courts or the Assignment Judge, as appropriate, an
annual certification of compliance. To meet the requirement, this continuing
education should cover at least one of the following: (A) reinforcing and enhancing
mediation and negotiation concepts and skills, (B) ethical issues associated with
mediation practice, or (C) other professional matters related to mediation. Mediators
who have been approved to serve as mentors under subsection (b)(1) of this Rule
may apply the time spent mentoring to satisfy this requirement.

(3) [ (4) ] Mediation Course Content -- Basic Skills. The 18-hour classroom
course in basic mediation skills shall, by lectures, demonstrations, exercises and
role plays, teach the skills necessary for mediation practice, including but not limited
to conflict management, communication and negotiation skills, the mediation
process, and addressing problems encountered in mediation.

(4) [ (5) ] Mediation Course Content-Family Part Actions. The 40-hour
classroom course for family action mediators shall include basic mediation skills as
well as at least 22 hours of specialized family mediation training, which should cover
family and child development, family law, divorce procedures, family finances, and
community resources. In special circumstances and at the request of the
Assignment Judge, the Administrative Office of the Courts may temporarily approve
for a one-year period an applicant who has not yet completed the specialized family
mediation training, provided the applicant has at least three years of experience as a
mediator or a combination of mediation experience and service in the Family Part,
has co-mediated in a CDR program with an experienced family mediator, and
certifies to the intention to complete the specialized training within one year following
the temporary approval. Economic mediators in family disputes: (1) shall have
completed 40 hours of training in family mediation in accordance with this rule, or (2)
shall have completed a minimum of 25 hours of mediation training with a
commitment to complete the remaining 15 hours of specialized training within one
year following their addition to the roster of mediators consistent with the
requirements of this subparagraph.

(5) [ (6) ] Training Requirements for Judicial Law Clerks. Judicial law clerks
serving as mediators shall first have completed either a 12-hour training course
prescribed by the Administrative Office of the Courts, an approved course conducted
by another institution or agency, or other comparable training. Proof of completion of
any training other than the prescribed 12-hour course shall be submitted to the
Administrative Office of the Courts for a determination of suitability. The
Administrative Office of the Courts shall work with other institutions and agencies to
encourage their provision of judicial law clerk mediation training and shall either
approve or evaluate that training.

(6) [ (7) ] Co-mediation; mentoring; training evaluation. In order to reinforce
mediator training, the vicinage CDR coordinator shall, insofar as practical and for a
reasonable period following initial training, assign any new mediator who is either an
employee or a volunteer to co-mediate with an experienced mediator and shall
assign an experienced mediator to mentor a new mediator. Using evaluation forms
prescribed by the Administrative Office of the Courts, the vicinage CDR coordinator
shall also evaluate the training needs of each new mediator during the first year of
the mediator's qualifications and shall periodically assess the training needs of all
mediators.
(c) ... no change
(d) ... no change