Mediation Decisions

 Here are cases that have been issued by the New Jersey Supreme Court or Appellate division.

  • Regarding the enforceability of agreements reached at mediation, our New Jersey Supreme Court during the summer of 2013, issued a ruling in Willingboro Mall, LTD. v. 240/242 Franklin Avenue, L.L.C. In it, the court clarified the enforceability of agreements reached at mediation, as well as waivers of the privilege.  If parties in mediation reach an agreement, it must be reduced to writing and signed. Where mediation involves complex agreements, the mediation should continue in order to permit the documentation and signing.  Furthermore, a party who breaches the mediation privilege by revealing confidential information waives their right to object to the disclosure of privileged information introduced by the other party. In this case, both parties had introduced evidence that would normally have been privileged and then one party objected to the introduction of such privileged evidence by the other. In other words, the Court ruled that the privilege is waived once you yourself breach it.