1:40-4 Mediation – General Rules
(a) ...no change
(b) Compensation and Payment of Mediators. Parties in Superior
Court, except in the Special Civil Part, assigned to mediation pursuant to this rule
shall equally share the fees and expenses of the mediator on an ongoing basis,
subject to court review and allocation to create equity. Any fee or expense of the
mediator shall be waived in cases, as to those parties exempt, pursuant to Rule
1:13-2(a). A party may opt out of the mediation process after the mediator has
expended two hours of service, which shall be allocated equally between
preparation and the first mediation session, and which shall be at no cost to the
parties. Fees shall be as determined by the mediator and the parties. Failure to
pay the mediator may result in an order by the court to pay the fees and costs of
the mediator including any additional costs and fees incurred due to the non-
payment and imposing appropriate sanctions.
(c) ...no change
(d) ...no change
(e) ...no change
(f) Mediator Disclosure of Conflict of Interest.
(1) Before accepting a mediation, a person who is requested to serve
as a mediator shall:
(A) make an inquiry that is reasonable under the circumstances to
determine whether there are any known facts that a reasonable person would
consider likely to affect the impartiality of the mediator, including a financial or
personal interest in the outcome of the mediation or an existing or past
relationship with a mediation party or foreseeable participant in the mediation;
and
(B) disclose any such known fact to the mediation parties as soon as is
practicable before accepting a mediation.
(2) If a mediator learns any fact described in subparagraph (f)(1)(A)
after accepting a mediation, the mediator shall disclose it as soon as is
practicable.
(3) After entry of the order of referral in an economic mediation, if the
court is advised by the mediator, counsel, or one of the parties that a conflict of
interest exists, the court shall reassign the case to a different mediator. The
parties shall have the opportunity to select a replacement mediator from the
roster or the court may appoint one. An amended order of referral shall then be
prepared and provided to the parties. All data shall be entered into the Family
Automated Case Tracking System (FACTS).
(g) ...no change
(h) ...no change
