This is a method of bringing parties together to resolve disagreements without the need for legal or administrative intervention. There are three common forms of ADR and the Office of Dispute Resolution engages in two of three which are listed below:

• Mediation involves the affected parties developing a joint resolution of the problem and agreeing on a future course of action. The Office of Dispute Resolution acts as an impartial third party to help the parties explore options for resolution that may not previously have been considered. The majority of mediations handled by the Office of Dispute Resolution are matters that have already been contested and are scheduled for either an administrative hearing or a trial.
• Facilitation involves an informal meeting between the individual or organization and the DEP program, usually before the matter is contested, to ascertain if the parties can mutually resolve whatever differences separate them. The Office of Dispute Resolution structures the meeting so that it focuses on the issues and the ultimate goal, which may be to remediate a site, set a permit compliance schedule or resolve technical issues.
• Arbitration is a formal fact-finding process in which the arbiter can render a judgment on the issues. This judgment can be binding or non-binding. The Office of Dispute Resolution does not engage in arbitration, but can help select qualified arbiters should the parties choose this course.

• It can reduce litigation costs
• It can save time
• It can help establish a more meaningful dialogue with the DEP
• It allows you to participate directly in developing a mutually-agreeable solution to the problem

• Penalty assessments
• Alleged failure to comply with permit conditions
• Water permit issues
• Land use permit issues
• Air permit penalty and compliance issues

You should ask yourself four questions:

• Will litigation solve or end the problem between yourself or your company and the department?
• Will the litigated result be one which makes sense and one which you or your company will be comfortable with?
• Are there affected third parties that will be satisfied after the problem between you or your company and the DEP is resolved?
• Can you justify the cost/benefit of litigating the matter?

If you answered No to any of these questions, you may want to consider mediation. The discussions that occur during a mediation are strictly confidential and cannot be used if the matter is ultimately litigated. If a formal mediation session is entered into, both you or your organization and the DEP must sign an agreement stating:

• The parties will mediate in good faith
• Any mutually acceptable decision reached during the mediation will be binding and will have the effect of a contract in any subsequent proceedings
• The parties will not use any information obtained in the mediation in any subsequent proceedings
• The parties will not subpoena the mediator in any subsequent proceedings

• Challenges to DEP rules, regulations or policies.
• Disputes between private parties.

You can call or write to:

To help expedite review of the matter when you write, please include in your letter:

• The major issue(s)
• Status of the matter (Office of Administrative Law Hearing date, etc...)
• The names of DEP personnel with whom you or your company have interacted
• If the case is already in litigation, the name of the Deputy Attorney General representing the DEP