Monday, September 7, 2015

revised rule 1:40-8. Mediation of Minor Disputes in Municipal Court Actions

revised rule 1:40-8. Mediation of Minor Disputes in Municipal Court Actions
(a) Referral. A mediation notice may issue pursuant to [Rule] R. 7:8-1 requiring the
parties to appear at a mediation session to determine whether mediation pursuant to these rules is an appropriate method for resolving the minor dispute. No referral to mediation shall be made if the complaint involves (1) serious injury, (2) repeated acts of violence between the parties, (3) clearly demonstrated psychological or emotional disability of a party, (4) incidents involving the same persons who are already parties to a Superior Court action between them, (5) matters arising under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.), [or] (6) a violation of the New Jersey Motor Vehicle Code (Title 39), or (7) matters involving penalty enforcement actions.
(b) Appointment of Mediators. A municipal court mediator shall be appointed by the Assignment Judge or a designee. The municipal mediator must comply with the requirements of R. 1:40-12. The Assignment Judge or a designee [who] may, either sua sponte or on request of the municipal court judge, remove a mediator upon the determination that the individual is unable [properly] to perform the mediator's functions.