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1. Why should I try mediation?

Mediation is a structured and confidential form of negotiation that provides you with a convenient, fair, and effective way to resolve disputes without filing a formal complaint. If your case is heard in court before a judge, you do not negotiate, and you do not decide what happens to your case. The judge must make a decision in accordance with the law.

In mediation, by contrast, you have significant control over the process. A court-appointed, trained mediator assists you and the person(s) with whom you are in conflict in negotiating a solution to your problem. It is a solution that both sides consider fair and reasonable. Mediation often results in a win-win outcome. Moreover, no one ever gets a police record.

2. What are the costs?

Mediation is free. There are no court costs, and there is no payment to the mediators.

3. Who are the mediators?

Mediators are concerned members of the community who have volunteered their time and talents to provide a free, effective, and timely method for settling disputes. They are required to complete an intensive training course and to participate in ongoing educational activities. All mediators must be approved by the New Jersey Superior Court.

4. What kinds of matters are appropriate for mediation?

Mediation can be used for the less serious kinds of disputes that you may consider taking to Municipal Court. These matters include conflicts between neighbors, landlord-tenant disputes, disagreements between customers and merchants, and a wide assortment of interpersonal problems such as noise complaints and conflicts involving pet owners.

5. How does mediation work?

In order to maximize the likelihood of success, it is important that both parties cooperate with the mediator and understand some basic ground rules. Specifically, the following points are important:

Mediators do not decide who is right or wrong. They facilitate a discussion between the parties.

The parties are expected to negotiate in good faith. Both sides will be committed to reaching a mutually acceptable agreement.

Each side will be given an equal chance to talk, but only one person may speak at a time.

Name-calling, foul language, rowdy behavior, and threats will not be tolerated.

Only individuals directly involved in the dispute are allowed to be present at mediation sessions. Mediators are prohibited from discussing the dispute with anyone not directly involved.

Although not required for the purposes of mediation, evidence (e.g., receipts or photographs) may be submitted; and witnesses may appear so long as they contribute relevant information. Each party is responsible to arrange for the appearance of any witnesses.

Attorneys may attend mediation sessions in an advisory capacity, but they are not allowed to actively participate.

Mediation sessions are confidential. Disclosures and proposals made in an effort to resolve disputes cannot be used in any subsequent court proceeding concerning the matter.