Bill Text: NJ S839 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires policy on use of alternative dispute resolution for State agencies; expands duties of Dispute Settlement Office of Department of Public Advocate.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Judiciary Committee [S839 Detail]
Download: New_Jersey-2012-S839-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Requires policy on use of alternative dispute resolution for State agencies; expands duties of Dispute Settlement Office of Department of Public Advocate.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning alternative dispute resolution for State agencies and the duties of the Dispute Settlement Office of the Department of the Public Advocate and supplementing Title 52 of the Revised Statutes and P.L.2005, c.155 (C.52:27EE-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"alternative dispute resolution" means a process other than litigation used to resolve disputes, including mediation, arbitration, facilitation, regulatory negotiation, fact finding, conciliation, early neutral evaluation, and policy dialogues.
"arbitration" means a private hearing before an alternative dispute resolution provider or panel of such providers who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented.
"alternative dispute resolution proceeding" means a process in which an alternative means of dispute resolution is used to resolve an issue in controversy, in which a neutral person is appointed and specified parties participate.
"mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
"mediator" means an individual who conducts a mediation.
"neutral person" means a person who functions specifically to aid the parties in a resolution with respect to an issue in controversy.
"State agency" means a department, agency, board, commission, authority, or instrumentality of State government empowered by law to adopt regulations or decide cases, but not including the Legislative or Judicial Branches of State government.
b. A State agency shall adopt a policy for the use of alternative dispute resolution. In developing such a policy, the agency shall:
(1) consult with the Dispute Settlement Office of the Division of Citizen Relations in the Department of the Public Advocate.
(2) examine alternative means of resolving disputes in connection with the following:
formal and informal adjudications;
rulemakings;
enforcement actions;
issuance and revocation of licenses or permits;
contract administration;
litigation brought by or against the agency; and
other agency actions.
(3) designate a senior official to be the alternative dispute resolution officer of that agency responsible for the implementation of the provisions of this section.
(4) provide for training, on a regular basis, for the alternative dispute resolution officer of the agency and other employees involved in implementing the policy of the agency.
c. A neutral person assisting in preventing possible disputes or resolving existing ones may be a permanent or temporary officer or employee of the State government or any other individual who is acceptable to the parties to an alterative dispute resolution proceeding. A neutral person shall have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless such interest is fully disclosed in writing to all parties and all parties agree in writing that the neutral person may serve. A neutral person who serves as a conciliator, facilitator, or mediator shall serve at the will of the parties.
d. The Uniform Mediation Act, P.L.2004, c.157 (C.2A:23C-1 et seq.), shall apply to all mediations conducted in accordance with this section unless specifically excepted by the Uniform Mediation Act such as those mediations relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship, or to any mediation conducted by the New Jersey Public Employment Relations Commission, established pursuant to section 6 of P.L.1968, c.303 (C.34:13A-5.2), or the New Jersey State Board of Mediation, established pursuant to section 4 of P.L.1941, c.100 (C.34:13A-4).
2. For the purposes of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the Dispute Settlement Office in the Department of the Public Advocate shall encourage, facilitate, and coordinate agency use of alternative dispute resolution by performing the following functions:
a. providing information and training to State agencies on the various alternative dispute resolution processes available and their applicable standards.
b. conducting educational programs designed to reduce the occurrence, magnitude, or cost of disputes.
c. designing, developing, or operating alternative dispute resolution programs or assisting in the design, development, or operation of new or existing alternative dispute resolution programs.
d. assisting in quality assurance of alternative dispute resolution services by providing monitoring and program evaluation assistance to State agencies.
e. facilitating the resolution of disputes through the provision of mediation and other neutral alternative dispute resolution services.
f. assisting in the development of a roster of neutral persons for use in State agency disputes.
g. maintaining a registry of formal alternative dispute resolution programs administered by State agencies to better promote the use of such programs and to avoid duplication of services.
h. chairing an interagency alternative dispute resolution working group comprised of representatives familiar with State agencies to serve an advisory function in promoting the use of alternative dispute resolution processes by State government, to assist in coordinating State agency alternative dispute resolution activities, and to serve as a further resource for State agencies utilizing dispute resolution processes.
3. This act shall take effect immediately.
STATEMENT
This bill requires State departments, agencies, boards commissions, authorities, and instrumentalities of State government empowered by law to adopt regulations or decide cases to develop a policy for the use of alternative dispute resolution. A State agency is to designate an official to be the alternative dispute resolution officer of that agency. That person would be responsible for ensuring that alternative means of resolving disputes are examined in connection with formal and informal adjudications, rulemakings, enforcement actions, issuance and revocation of licenses or permits, contract administration, litigation brought by or against the agency, and other agency actions. The provisions of this bill will not apply to the Legislative or Judicial Branches of State government. This bill expands the duties of the Dispute Settlement Office in the Department of the Public Advocate, an office with statutory authority to assist public and private parties in resolving disputes through mediation and other neutral dispute resolution services, to encourage, facilitate, and coordinate State agency use of alternative dispute resolution. The bill permits the Dispute Settlement Office to establish an interagency alternative dispute resolution working group, comprised of representatives from State agencies to serve as a further resource for complying with the requirements of this bill.
This bill recognizes the value of alternative dispute resolution in preventing and resolving conflict. State administrative proceedings have become increasingly formal, costly, and lengthy and have resulted in unnecessary expenditures of time and in decreased likelihood of achieving consensual resolution of disputes. Dispute resolution processes, such as mediation, have been used successfully for many years in the private sector and more recently institutionalized by the New Jersey courts. In appropriate circumstances, such mechanisms have yielded results that are faster, less expensive, less contentious, and more mutually satisfying than traditional litigation. Alternative dispute resolution can also be tailored to fit a wide variety of administrative programs. Alternative means of dispute resolution not only lead to more creative, efficient and sensible outcomes, but also to greater trust and satisfaction among the parties and ultimately in government.
Through passage of this bill, State agencies will not only receive the benefit of techniques that have been developed and tested in the private sector and through court-sponsored programs, but may also take the lead in the further development and refinement of such techniques.
