On Feb. 17, 2000, the New Jersey Supreme Court announced the publication of Standards of Conduct for Mediators in Court-Connected Programs. These standards were recommended by the Supreme Court Committee on Complementary Dispute Resolution (CDR), which is responsible for the court rules in court-sponsored mediation in accordance with Court Rule 1:40-1.
On that same date, the court announced the creation of the Advisory Committee on Mediator Standards. Its purpose is to assist mediators who seek advice relating to the standards and to monitor complaints against mediators involved in court-sponsored mediations. This charge includes mediations in the Law Division, Civil Part and Special Civil Part, General Equity, Family Part and Municipal Courts.
I have had the honor of serving as chair of the Advisory Committee on Mediator Standards for more than 10 years and as chair of the CDR Committee. To ensure the highest quality standards in the court-sponsored mediator process, I offer this article to promote awareness and deeper understanding of the complaint process.
The Complaint Process
If an attorney or mediation participant believes that a mediator has violated the standards approved by the Supreme Court, a written statement should be submitted specifying the conduct that allegedly violated those standards. (The standards are available on the judiciary website at https://www.judiciary.state.nj.us/notices/reports/MediatorStandards.pdf .) The complaint should be mailed to Manager, CDR Programs Administrative Office of the Courts, Policies and Procedures Division, Hughes Justice Complex, P.O. Box 988, Trenton, NJ 08625.
Once the complaint has been submitted, it will be circulated to the Advisory Committee on Mediator Standards for initial review to determine if the complaint should be investigated. Among the reasons the committee would not investigate a matter are that the mediation was not a court-sponsored event or that the complaint does not on its face present a violation of a standard. Once the matter is accepted, an investigator investigates the complaint and drafts a report with recommendations as to how to proceed. The report then is circulated and voted on by the committee. If a violation has occurred, a determination is made as to any remedial action, which could include additional training, counseling by the committee members or mentoring. In extreme cases, the committee may suspend or revoke the mediator's eligibility on the court list.
The complaints the committee has received over the years generally relate to allegations of outright bias or a perception of bias. The investigator considers the perspectives of the mediator and the participants. Often, complaints are triggered by a casual statement or gesture that could support such a perception. In those cases, some counseling or mentoring is the appropriate remedy. The mediator's skills and technique are enhanced and the complainant is usually satisfied that the grievance has been addressed.