New Jersey Court Rule 1:40-4(a) provides that a judge of the Law Division (among others) “may require the parties to attend a mediation session at any time following the filing of a complaint.” Even after a mediator is selected from the court’s roster of qualified mediators, the parties may jointly select a mediator whether on the roster or not. Those mediations commenced voluntarily by the parties, and those in which the mediators are selected by the parties for court-ordered mediations, seem to be successful because the parties want to pursue settlement, and to do so with the selected mediator.
Our experience with the court-ordered mediation program in the Law Division in cases in which the parties do not seek mediation or select their own mediators has been unfavorable, and we address only that program—not other court programs established by Rule 1:40—at this time.
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