N.J. Admin. Code § 2:76-18.2

Current through Register Vol. 56, No. 18, September 16, 2024

Section 2:76-18.2 - Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Agreement to Mediate" means a document wherein the assigned certified agricultural mediator and disputants are named, the nature of the dispute is identified and the terms and conditions of the mediation proceedings are outlined.

"Certified agricultural mediator" means an impartial third party neutral (mediator) who has satisfied the requirements of the Committee and facilitates communication between disputants for the purpose of assisting them in reaching a mutually acceptable agreement.

"Confidentiality" means the mediator and disputants shall not disclose any written or oral communication divulged during the mediation process, unless it is expressly agreed upon by all parties to a mediation that such communications may be divulged. Unless the participants otherwise consent, no disclosure made by a party shall be admitted as evidence against the party in any such proceeding by independent evidence, and the mediator shall not be called as a witness in any subsequent proceedings.

"Disputant" means any person engaged in a dispute and, during a mediation proceeding, who is a primary decision maker.

"Dispute" means a disagreement between two or more parties who perceive incompatible goals and/or interference from the other party in achieving their goals with respect to one or more of the following issues:

1. Nuisance allegations;

2. Wetlands determinations;

3. Compliance with farm programs, including conservation programs;

4. Agricultural credit;

5. Rural water loan programs;

6. Pesticides;

7. As concerns activities as addressed in the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., and disputes or other matters that could adversely affect a farm's agricultural productivity or viability;

8. Farmer-neighbor disputes--including issues between a farmer and neighbor; and issues between a farmer and local government entity;

9. Lease disputes--including issues related to leasing land, equipment, livestock, storage facilities, farm buildings, solar energy generation facilities, and other farm-related items;

10. Farm transition matters--including transfer and succession issues within a family; between a family, person, or entity and an unrelated person, family, or entity; or that occur prior to, during, or after a farm transition planning or implementation process;

11. Any issues authorized for mediation by Federal agricultural laws or regulations; or

12. Such other issues as the Secretary of Agriculture considers appropriate for better serving the agricultural community and persons eligible for mediation.

"Mediation" means a process including the intake and scheduling of cases, the provision of background information regarding the mediation process, financial advisory and counseling services (as appropriate), and the mediation sessions in which a trained, neutral person assists disputants in voluntarily reaching their own settlement of issues, even for those cases that are resolved prior to a formal mediation session.

N.J. Admin. Code § 2:76-18.2

Amended by 56 N.J.R. 1177(a), effective 7/1/2024