Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) fosters communication between the regulated community and the DEP, and attempts to resolve disagreements outside of the courtroom.

This Office uses ADR for a dual purpose:

  • Reduce lengthy legal proceedings that can be costly for all involved; and
  • Establish meaningful and effective lines of communication between environmental regulators and the regulated community.

Our mission is to ensure fair, timely, and efficient management and settlement of disagreements through alternative dispute resolution.

Our Goals:

  • Define and clarify disputed issues;
  • Facilitate communication between regulated parties and DEP staff;
  • Encourage collaborative problem-solving;
  • Explore options for resolution to the issues; and
  • Help the parties work toward and reach a mutually satisfactory agreement.
How does Alternative Dispute Resolution work?

The Office of Administrative Hearings and Dispute Resolution (OAHDR) allows for anyone involved in a dispute with the Department to request free mediation services through our office. ADR proceedings are facilitated through an experienced mediator from the OAHDR, who acts as a neutral third party.

ADR proceedings are typically held virtually, at a time that works best for all parties. Mediators from the OAHDR will work with all parties to set up meeting times, establish common goals, facilitate communication, and ensure documentation of any agreements. The exchange of information and communication will come through the OAHDR, making the process more efficient for both parties.

In both types of ADR, the parties must agree to the following:

  • The parties will mediate in good faith.
  • Any mutually acceptable decision reached during the mediation will be binding and be an enforceable agreement under applicable statutes and regulations.
  • Mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this State.
  • Any statements and documents offered in mediation may not be used in subsequent proceedings to prove the validity or invalidity of a claim consistent with New Jersey Rule of Evidence 408.
  • The parties will not subpoena the mediator in any subsequent proceedings.

During ADR proceedings, if a hearing is requested, that hearing is usually placed on hold. In the event that ADR does not result in an agreeable conclusion, ADR is closed and, for matters with hearing requests, are transmitted to the Office of Administrative Law.

 

FAQ:

How to Request Alternative Dispute Resolution:

Alternative Dispute Resolution is a voluntary process. Both parties must agree to participate. After submitting your hearing request for ADR, our office will request participation from the appropriate program at the DEP on your behalf.

What information should I include in an ADR request?

  • The name and contact information, including email address, for the person requesting dispute resolution;
  • The name and contact information, including email address, for the agent on behalf of the party requesting dispute resolution;
  • Details about the site-specific location pertaining to the dispute;
  • The DEP Program Interest Number (or other identifiers) for the site;
  • Specific regulatory citations or provisions for which dispute resolution is requested;
  • A summary of the dispute, clearly articulating the major issue(s);
  • Copies of DEP actions or determinations pertaining to or initiating the dispute;
  • Proposed resolution to dispute including, but not limited to, penalty offers, permit changes, or violation corrections;
  • Provide a current status of the matter (Office of Administrative Law hearing date, etc.);
  • Provide the names and program information for ALL DEP personnel involved; and
  • Provide the name of the Deputy Attorney General representing the DEP, if one is already involved.

When should my organization or I consider ADR?

ADR is favorable when:

  • Litigation would not solve or end the ongoing matter;
  • A negotiated outcome is preferable to litigation;
  • Litigation might be too costly;
  • There is a need for a neutral party to resolve conflict with the Department.

How could ADR help me or my organization?

  • Saves time in resolving disputes;
  • Establishes a more meaningful dialogue with the Department; and
  • Allows direct participation in developing a mutually agreeable solution to the problem.

Which disputes are not suitable for ADR?

  • Disputes between private parties;
  • Disputes between two or more opposing Licensed Site Remediation Professionals; and
  • Direct challenges to Department regulations, rules, or policies.

You may reach out to the Office of Administrative Hearings and Dispute Resolution to confirm if an issue can be resolved through alternative dispute resolution.

Can I still request ADR for my case, even after I've submitted an adjudicatory hearing request?

Yes. If you are pursuing a contested case, you can still request ADR!

If you have already submitted your hearing request, but decide that you’d like mediation during the settlement process, you can reach out to our office. We can coordinate with the Department program to see if they would be interested. While the ADR process is pending, our office will not transmit the matter to the Office of Administrative Law for hearing.

You can also request mediation in your initial hearing request. See: Submitting a Hearing Request.

Are ADR proceedings confidential?

All requests, documentation submitted, and information discussed remain confidential. Confidentiality can be waived if both parties agree, or if it is a matter of public record.

See: The Mediation Agreement .

To Request Alternative Dispute Resolution, or for more information, please email:

See Contact Us