New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.5 - Mediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a complaint, the Council shall
				offer the services of a mediator without charge to the parties.
(b) A complaint will be referred to a mediator
				only if the complainant and custodian agree to enter into mediation by executing the
				most recent version of the Council's authorized agreement to mediate.
(c) A party who fails to respond to an offer of
				mediation within five business days from the date of its receipt shall be deemed to
				have rejected the offer to mediate the complaint.
(d) A mediator selected by the Council will
				conduct all mediation proceedings.
(e)
				Mediation practices shall be governed by the Uniform Mediation Act,
				N.J.S.A. 2A:23C-1 et
				seq.
(f) Neither the mediator nor any
				party to mediation shall divulge to anyone a mediation communication, as defined in
				the Uniform Mediation Act, without the written consent of all participants. No party
				may use the statements made or documents produced during mediation proceedings
				against another party in any proceeding before the Council if mediation fails to
				resolve all issues presented in the complaint and the complaint is referred to the
				Council for adjudication.
(g)
				Representatives of the parties may participate in mediation proceedings and shall be
				bound by the rules with respect to mediation as set forth in this section. Such
				representative(s) must submit a letter of representation to the Council and must
				sign the agreement to mediate as provided at (b) above.
(h) A "nonparty participant," as defined at
				N.J.S.A. 2A:23C-2, may
				participate in mediation proceedings and shall be bound by the rules with respect to
				mediation as set forth in this section. Such nonparty participant shall execute the
				most recent version of the Council's agreement to mediate.
(i) Parties may cease participation in the
				mediation process at any time and elect to have their complaint referred back to the
				Council for adjudication.
(j) The
				mediator may cease proceedings and refer the complaint back to the Council if the
				mediator has reason to believe a party has breached the provisions at (f) above,
				breached any provision of the agreement to mediate, or determines that the process
				is less than productive.
(k) A complaint
				shall remain in mediation until referred back to the Council for adjudication by the
				mediator's notification of such to the parties and Council staff.
(l) The Council shall not consider any mediation
				communications if the complaint is referred back to the Council for
				adjudication.
(m) The Council shall
				administratively dismiss any complaint upon the mediator's receipt of a written
				mediation agreement fully executed by the parties that stipulates that the matters
				presented in the complaint have been resolved and notification from the mediator
				that the complaint has been settled. The Council shall provide the parties notice of
				any dismissal by issuing an administrative complaint disposition on the
				complaint.