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The Office of Dispute Resolution provides
a forum other than the administrative and trial courts
for resolution of disagreements between the department
and affected parties. This forum serves a dual purpose:
to reduce costly and protracted legal proceedings
at taxpayer expense and establish more meaningful
lines of communication among environmental regulators
and the regulated community. The Office of Dispute
Resolution is headed by Mary A. Comfort, a court-approved
mediator and experienced facilitator. The office
may be able to offer you or your organization assistance
in resolving matters with the DEP. The following
are some common questions about Alternative Dispute
Resolution (ADR).
What is Alternative Dispute Resolution?
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.
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How Can ADR Benefit Me or My Company/Organization?
- 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
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What Types of Situations Are Best
Resolved by the Office of Dispute Resolution?
- Penalty assessments
- Alleged failure to comply with permit conditions
- Water permit issues
- Land use permit issues
- Air permit penalty and compliance issues
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Should You or Your Company Consider
Mediation?
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
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Who Participates in Mediation Sessions?
Mary A.
Comfort of the Office of Dispute Resolution,
a representative(s) from the pertinent DEP program
and the person(s) from the affected party or company
that has the authority to settle the matter. The
DEP program, affected party or company can include
their attorneys in the mediation session.
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What Types of Disputes Cannot Be
Resolved By the Office of Dispute Resolution?
- Challenges to DEP rules, regulations or policies.
- Disputes between private parties.
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Where Can I Get More Information?
You can call or write to:
Mary A.
Comfort
Office of Dispute Resolution
NJDEP P.O. Box 402
Trenton, NJ 08625-0402
(609) 341-3822
FAX: (609) 984-9484
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
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