Welcome to the Office of Dispute Resolution!

The Department of Environmental Protection (DEP) has established the Office of Dispute Resolution to provide a forum other than the administrative and trial courts for resolution of disagreements between the regulated community and the DEP. 

This forum aims to serve a dual purpose: not only to reduce lengthy legal proceedings that can be costly for all involved, but also to establish more meaningful and effective lines of communication between environmental regulators and the regulated community.  Our mission is to ensure fair and efficient management and settlement of disagreements through alternative dispute resolution processes.

The goals of the Office of Dispute Resolution are to:

• define and clarify issues disputed;
• facilitate communication between regulated parties and DEP staff;
• encourage collaborative problem-solving;
• explore options for resolution to the issues; and
• promote and document a mutually satisfactory agreement.

The following are some common questions about Alternative Dispute Resolution (ADR):

	What is Alternative Dispute Resolution (ADR)?
	How can the Office of Dispute Resolution benefit my organization or me?
	What types of situations are best resolved by the Office of Dispute Resolution?
	When should my organization or I consider the Office of Dispute Resolution?
	Can I still request ADR for my case when I submit a request for an adjudicatory hearing to the DEP's Office of Legal Affairs?
	Who participates in resolution sessions?
	What types of disputes CANNOT be resolved by the Office of Dispute Resolution?
	Where can I get more information?
	What information should I include in a request for review by the Office of Dispute Resolution?

ADR brings together parties to resolve disagreements without the need for legal or administrative intervention. The Office of Dispute Resolution engages in two common forms of ADR:

• Facilitation involves an informal meeting between the individual or organization and the DEP program 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.

• 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’ collaboratively problem-solve and explore options for resolution that may not previously have been considered.

• Reduce litigation costs.
• Save time.
• Establish a more meaningful dialogue with the DEP.
• Allow direct participation in developing a mutually agreeable solution to the problem.
  
  

• Permit issues
• Compliance issues
• Penalty Assessments
• Significant issues with potential to develop into disputes
  
  

Four questions you should ask yourself:

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

If you answered “no” to any of these questions, this is when you may want to consider alternative dispute resolution.  If you enter into a formal mediation session, both your organization or you 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 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.

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Can I still request ADR for my case when I submit a request for an adjudicatory hearing to the DEP's Office of Legal Affairs?

Yes. If you are seeking a contested case hearing before the Office of Administrative Law to challenge a DEP permit decision or enforcement action, you may also in the hearing request letter itself or in a letter submitted along with the hearing request to the DEP Office of Legal Affairs request that the case be considered for ADR. The Office of Legal Affairs will coordinate with the Office of Dispute Resolution related to the ADR request. While the ADR process is pending, the Office of Legal Affairs will not transmit the matter to the Office of Administrative Law for hearing. (NOTE: Checking the "willing to negotiate a settlement" box on a hearing request checklist indicates your willingness to negotiate settlement of the matter directly with the permitting or enforcement program. It will not be treated as a request for ADR under the auspices of the Office of Dispute Resolution.)

Related Links: Office of Legal Affairs

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Who participates in resolution sessions?

The Office of Dispute Resolution, a representative(s) from the pertinent DEP program and the person(s) from the affected party that has the authority to settle the matter should all participate in resolution sessions. The DEP program and affected party may also include their attorneys in the session.

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

Linda Taylor, Manager
Office of Dispute Resolution
401 East State Street, 7th Floor
P.O. Box 402
Mail Code 401-07
Trenton, NJ 08625-0402
(609) 633-1432 or
FAX: (609) 633-2102

Email: Linda.Taylor@dep.state.nj.us

Alternate Contact: Caroline Kirkland, 609-633-7024, Caroline.Kirkland@dep.state.nj.us

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What information should I include in a request for review by the Office of Dispute Resolution?

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

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