{"data":{"id":"us-nj/n.j.-stat.-2a-23c-3","jurisdiction":"us-nj","citation":"N.J. Stat. § 2A:23C-3","heading":"Scope.","body":"3.\tScope.\na.\tExcept as otherwise provided in subsection b. or c., this act shall apply to a mediation in which:\n(1)\tthe mediation parties are required to mediate by statute, court rule or administrative agency rule, or are referred to mediation by a court, administrative agency, or arbitrator;\n(2)\tthe mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or\n(3)\tthe mediation parties use as a mediator an individual who holds himself out as a mediator, or the mediation is provided by a person who holds itself out as providing mediation.\nb.\tThe act shall not apply to a mediation:\n(1)\trelating to the establishment, negotiation, administration, or termination of a collective bargaining relationship or to any mediation conducted by the Public Employment Relations Commission or the State Board of Mediation;\n(2)\trelating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that the act applies to a mediation arising out of a dispute that has been filed with a court or an administrative agency other than the Public Employment Relations Commission or the State Board of Mediation;\n(3)\tconducted by a judge who may make a ruling on the case; or\n(4)\tconducted under the auspices of:\n(a)\ta primary or secondary school if all the parties are students; or\n(b)\ta juvenile detention facility or shelter if all the parties are residents of that facility or shelter.\nc.\tIf the parties agree in advance in a signed record, or a record of proceeding so reflects, that all or part of a mediation is not privileged, the privileges under sections 4 through 6 of P.L. 2004, c.157 (C.2A:23C-4 through C.2A:23C-6) shall not apply to the mediation or part agreed upon.  Sections 4 through 6 of P.L. 2004, c.157 (C.2A:23C-4 through C.2A:23C-6) shall apply to a mediation communication made by a person who has not received actual notice of the agreement before the communication is made.\nL.2004,c.157,s.3.","path":["TITLE 2A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"5d93db40d98677c24efa5b4996e36da78ed9ed133fe6e62e2ef234310012796b","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-2a-23c-2","next":"us-nj/n.j.-stat.-2a-23c-4"},"notice":"GroundRules: Original legal text. Not legal advice."}