Rules of Court · Part 1 · New Jersey

R. 1:40-8 New Jersey Rules of Court, R. 1:40-8: Mediation of Minor Disputes in Municipal Court Actions, rendered as code with every cross-reference linked

Mediation of Minor Disputes in Municipal Court Actions

the rule, verbatim; Code adds line numbers, links on every cross-reference and the list of rules that cite this one

(a) Referral. A mediation notice may issue pursuant to R. 7:8-1 requiring the parties to appear at a mediation session to determine whether mediation pursuant to these rules is an appropriate method for resolving the minor dispute. No referral to mediation shall be made if the complaint involves (1) serious injury, (2) repeated acts of violence between the parties, (3) incidents involving the same persons who are already parties to a Superior Court action between them, (4) matters arising under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.), (5) a violation of the New Jersey Motor Vehicle Code (Title 39), or (6) matters involving penalty enforcement actions.

(b) Appointment of Mediators. A municipal court mediator shall be appointed by the Assignment Judge or a designee. The municipal mediator must comply with the requirements of R. 1:40-12. The Assignment Judge or a designee may, either sua sponte or on request of the municipal court judge, remove a mediator upon the determination that the individual is unable to perform the mediator's functions.

Note: Adopted July 14, 1992 as Rule 1:40-7 to be effective September 1, 1992; paragraph (a) amended January 5, 1998 to be effective February 1, 1998; redesignated as Rule 1:40-8, paragraph (a) amended, and caption and text of paragraph (b) amended July 5, 2000 to be effective September 5, 2000; paragraphs (a) and (b) amended July 27, 2015 to be effective September 1, 2015; subparagraph (a)(3) deleted and subparagraphs (a)(4) through (a)(7) redesignated as subparagraphs (a)(3) through (a)(6) July 29, 2019 to be effective September 1, 2019.

Verbatim rule text, unmarked. Nothing here is a summary.

rule 1:40-8 "Mediation of Minor Disputes in Municipal Court Actions" {
(a) Referral. A mediation notice may issue pursuant to R. 7:8-1 requiring the parties to appear at a mediation session to determine whether mediation pursuant to these rules is an appropriate method for resolving the minor dispute. No referral to mediation shall be made if the complaint involves (1) serious injury, (2) repeated acts of violence between the parties, (3) incidents involving the same persons who are already parties to a Superior Court action between them, (4) matters arising under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.), (5) a violation of the New Jersey Motor Vehicle Code (Title 39), or (6) matters involving penalty enforcement actions.
(b) Appointment of Mediators. A municipal court mediator shall be appointed by the Assignment Judge or a designee. The municipal mediator must comply with the requirements of R. 1:40-12. The Assignment Judge or a designee may, either sua sponte or on request of the municipal court judge, remove a mediator upon the determination that the individual is unable to perform the mediator's functions.
Note: Adopted July 14, 1992 as Rule 1:40-7 to be effective September 1, 1992; paragraph (a) amended January 5, 1998 to be effective February 1, 1998; redesignated as Rule 1:40-8, paragraph (a) amended, and caption and text of paragraph (b) amended July 5, 2000 to be effective September 5, 2000; paragraphs (a) and (b) amended July 27, 2015 to be effective September 1, 2015; subparagraph (a)(3) deleted and subparagraphs (a)(4) through (a)(7) redesignated as subparagraphs (a)(3) through (a)(6) July 29, 2019 to be effective September 1, 2019.
}
referenced_by: 7:8-1
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02

← R. 1:40-7 · R. 1:40-9 → · chapter 1:40 · all rules

The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.