New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 18 - AGRICULTURAL MEDIATION PROGRAM › Section 2:76-18.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Agreement to Mediate" means a document wherein the assigned
				  certified agricultural mediator and disputants are named, the nature of the
				  dispute is identified and the terms and conditions of the mediation proceedings
				  are outlined.
"Certified agricultural mediator" means an impartial third
				  party neutral (mediator) who has satisfied the requirements of the Committee
				  and facilitates communication between disputants for the purpose of assisting
				  them in reaching a mutually acceptable agreement.
"Confidentiality" means the mediator and disputants shall not
				  disclose any written or oral communication divulged during the mediation
				  process, unless it is expressly agreed upon by all parties to a mediation that
				  such communications may be divulged. Unless the participants otherwise consent,
				  no disclosure made by a party shall be admitted as evidence against the party
				  in any such proceeding by independent evidence, and the mediator shall not be
				  called as a witness in any subsequent proceedings.
"Disputant" means any person engaged in a dispute and, during
				  a mediation proceeding, who is a primary decision maker.
"Dispute" means a disagreement between two or more parties
				  who perceive incompatible goals and/or interference from the other party in
				  achieving their goals with respect to one or more of the following
				  issues:
1. Nuisance
				allegations;
2. Wetlands
				determinations;
3. Compliance with
				farm programs, including conservation programs;
4. Agricultural credit;
5. Rural water loan programs;
6. Pesticides;
7. As concerns activities as addressed in the
				Right to Farm Act,
				N.J.S.A.
				4:1C-1 et seq., and disputes or other matters
				that could adversely affect a farm's agricultural productivity or
				viability;
8. Farmer-neighbor
				disputes--including issues between a farmer and neighbor; and issues between a
				farmer and local government entity;
9. Lease disputes--including issues related
				to leasing land, equipment, livestock, storage facilities, farm buildings,
				solar energy generation facilities, and other farm-related items;
10. Farm transition matters--including
				transfer and succession issues within a family; between a family, person, or
				entity and an unrelated person, family, or entity; or that occur prior to,
				during, or after a farm transition planning or implementation
				process;
11. Any issues authorized
				for mediation by Federal agricultural laws or regulations; or
12. Such other issues as the Secretary of
				Agriculture considers appropriate for better serving the agricultural community
				and persons eligible for mediation.
"Mediation" means a process including the intake and
				  scheduling of cases, the provision of background information regarding the
				  mediation process, financial advisory and counseling services (as appropriate),
				  and the mediation sessions in which a trained, neutral person assists
				  disputants in voluntarily reaching their own settlement of issues, even for
				  those cases that are resolved prior to a formal mediation
				  session.