Alternative Dispute Resolution - New Jersey …

1 Consumerbrief800-242-5846 New Jersey division of consumer ResolutionWHAT IS ADR? Alternative Dispute Resolution (ADR) is a method ofresolving problems without use of the court system. Suc-cessful use of ADR avoids the need for often costly andlengthy legal battles. The need for ADR has become so clearthat the New Jersey Supreme Court requires parties in cer-tain legal proceedings to submit to court-ordered media-tion before being allowed to appear before a term ADR is broadly defined and includes varioustypes of Dispute Resolution . The ADR Unit of the New Jer-sey division of consumer affairs ( division ) uses the twomost common forms: mediation and with an ever-growing caseload within its Office ofConsumer Protection, the division established its ADRUnit in 1992.

2 It serves as an independent, impartial, non-advocacy agency within the of the participants in our ADR program havesaid that they found the process to be very good or excellent. Because of its success, the ADR Unit s role was expandedto incorporate many professional licensing boards includ-ing the State Board of Medical Examiners, the New Jer-sey State Board of Cosmetology and Hairstyling and theNew Jersey State Board of unit was further expanded in 1999 when it beganresolving disputes through ARE MEDIATION AND ARBITRATION?Mediation is an informal, voluntary process in which aneutral third party assists those in conflict to reach a reso- Alternative - Dispute - Resolution Revised 06/08/16lution which is acceptable to all parties.

3 The mediator isnot the decision-maker, but he helps the disputing partiesresolve conflicts by exploring all of the options and man-aging the negotiation mediation is a completely voluntary process, shouldthe parties reach an agreement, the agreement is bindingand enforceable in court, as is any other contract. If theparties do not reach a mutually acceptable agreement, theyare free to pursue legal is a voluntary legal process which takes placeoutside of the courts. In arbitration a neutral third partyacts as a decision-maker. Unlike mediation, the award is-sued by the arbitrator is legally binding and generally can-not be appealed.

4 The arbitrator does not have to be a law-yer nor do the parties have to bring lawyers to the hear-ing. Those involved receive the opportunity to presenttheir case to the arbitrator in their own words, without anoverly structured, formal matters are arbitrated, parties are required to sign anArbitration Agreement. Should either party fail to live up tothe arbitrator s decision, the other party may go to the courtof appropriate jurisdiction to have the award New Jersey division of consumer SERVES AS MEDIATORS OR ARBITRATORS?Mediators and arbitrators are volunteers drawn from allwalks of life.

5 The use of volunteers provides a significantfinancial savings to the State, while still offering top-qual-ity service to ADR s information will not be revealed by media-tors without the explicit permission of both parties. Alldiscussions and documents disclosed during a mediationsession will remain confidential and neither the documentsnor the mediator may be subpoenaed. Only whether ornot the mediation was resolved successfully will be con-sidered as public arbitration process is also confidential and not opento the public. The award issued by the arbitrator is, how-ever, considered a matter of public ARE THE ADVANTAGES OF USING ADR?

6 Matters are dealt with promptly and disputes aregenerally settled faster. Participants may be able to avoid time-consum-ing and expensive litigation. The service of trained volunteer mediators andarbitrators is INFORMATIONIf you would like to learn more about the ADR Unit, youmay write to the:State of New JerseyOffice of the Attorney GeneralDivision of consumer AffairsAlternative Dispute Resolution UnitP. O. Box 45023, 153 Halsey StreetNewark, New Jersey 07101or call:973-504-6100 or Jersey Office of the Attorney GeneralDIVISION OF consumer AFFAIRSC onsumer Service Center124 Halsey Box 45025 Newark, NJ 07101973-504-6200800-242-5846(toll free within )E-Mail.