Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:23C-13 Severability clause. 13. Severability clause. If any provision of P.L.2004, c.157 (C.2A:23C-1 et seq.) or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect…

2A:23C-2 Definitions. 2. Definitions. As used in this act: "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. "Mediation communication" means a stateme…

2A:23C-3 Scope. 3. Scope. a. Except as otherwise provided in subsection b. or c., this act shall apply to a mediation in which: (1) the mediation parties are required to mediate by statute, court rule or administrative agency rule, or are referred to mediation by a court, adminis…

2A:23C-4 Privilege against disclosure; admissibility; discovery. 4. Privilege against Disclosure; Admissibility; Discovery. a. Except as otherwise provided in section 6 of P.L. 2004, c.157 (C.2A:23C-6), a mediation communication is privileged as provided in subsection b. of this …

2A:23C-5 Waiver and preclusion of privilege. 5. Waiver and Preclusion of Privilege. a. A privilege under section 4 of P.L.2004, c.157 (C.2A:23C-4) may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) in the cas…

2A:23C-6 Exceptions to privilege. 6. Exceptions to Privilege. a. There is no privilege under section 4 of P.L.2004, c.157 (C.2A:23C-4) for a mediation communication that is: (1) in an agreement evidenced by a record signed by all parties to the agreement; (2) made during a sessio…

2A:23C-7 Prohibited mediator reports. 7. Prohibited mediator reports. a. Except as required in subsection b., a mediator may not make a report, assessment, evaluation, recommendation, finding, or other oral or written communication regarding a mediation to a court, administrative…

2A:23C-8 Confidentiality. 8. Confidentiality. Unless made during a session of a mediation which is open, or is required by law to be open, to the public, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this State. …

2A:23C-9 Mediator's disclosure of conflicts of interest; background. 9. Mediator's Disclosure of Conflicts of Interest; Background. a. Before accepting a mediation, an individual who is requested to serve as a mediator shall: (1) make an inquiry that is reasonable under the circu…