2A:23C-9 - Mediator's disclosure of conflicts of interest; background
2A:23C-9 Mediator's disclosure of conflicts of interest; background.
9.Mediator's Disclosure of Conflicts of Interest; Background.
a.Before accepting a mediation, an individual who is requested to serve as a mediator shall:
(1)make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and
(2)disclose any such known fact to the mediation parties as soon as is practicable before accepting a mediation.
b.If a mediator learns any fact described in paragraph (1) of subsection a. after accepting a mediation, the mediator shall disclose it as soon as is practicable.
c.At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.
d.A person who violates subsection a., b., or g. shall be precluded by the violation from asserting a privilege under section 4 of P.L.2004, c.157 (C.2A:23C-4), but only to the extent necessary to prove the violation.
e.Subsections a, b., c., and g. do not apply to a judge of any court of this State acting as a mediator.
f.This act does not require that a mediator have a special qualification by background or profession.
g.A mediator shall be impartial, notwithstanding disclosure of the facts required in subsections a. and b.
L.2004,c.157,s.9.