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Presumptive Mediation Program

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State of New Jersey
ATTORNEY QUESTIONNAIRE
Presumptive Mediation Program

For Office Use Only

Date Received:

Date Entered - AOC

DIRECTIONS: This form is to be completed by attorneys representing litigants in mediation at the conclusion of mediation.

CASE DOCKET NUMBER

COUNTY

DID YOU REPRESENT THE
PLAINTIFF OR THE DEFENDANT IN
THIS CASE?

THE MEDIATOR FOR THIS
CASE WAS SELECTED BY:

DO YOU THINK THE MEDIATOR IN THIS CASE:

gave you a full opportunity to convey your client's interests?

was knowledgeable about the law relative to the case?

was impartial?

understood the issues in this case?

WHAT IMPACT DID MEDIATION HAVE ON THIS CASE?

AT WHAT STAGE IN THE CASE DID THE MEDIATION SESSION TAKE PLACE? (Check all that apply)

DO YOU THINK THIS CASE WAS REFERRED TO MEDIATION:

DO YOU THINK MEDIATION IN THIS CASE SAVED TIME?

DO YOU THINK MEDIATION IN THIS CASE SAVED MONEY?

WOULD YOU CONSIDER MEDIATION FOR OTHER MATTERS?

DO YOU THINK THAT MEDIATION:

generally preserves the legal rights of clients?

generally results in equitable outcomes?

WHAT SUGGESTIONS DO YOU HAVE TO IMPROVE THE CIVIL MEDIATION PROGRAM?

PLEASE PROVIDE ANY OTHER COMMENTS YOU THINK WOULD BE HELPFUL
IN EVALUATING THE EFFECTIVENESS AND QUALITY OF CIVIL MEDIATION.

PLEASE RETURN TO:

AOC - CIVIL PRACTICE DIVISION

BOX 981

TRENTON, NJ 08625

FAX: 609 777-0844

Revised 03/03/2005, CN 10529-English

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What the Presumptive Mediation Program Is

The Presumptive Mediation Program is a structured process document used to propose, schedule, and record mediation as the presumptive dispute-resolution path before litigation or formal adjudication. It sets out parties, issues, a suggested mediator, proposed timelines and confidentiality terms, and provides a clear administrative record for courts or agencies. The form supports consistent intake, reduces scheduling friction, and clarifies what issues are expected to be mediated, while preserving the parties’ ability to opt out where state law or court order permits.

Why a Presumptive Mediation Program Matters

A standardized presumptive mediation form clarifies expectations, documents consent to mediate, and speeds case processing while preserving legal rights. It aligns with electronic signature laws such as the ESIGN Act (15 U.S.C. ch. 96) and most state UETA enactments.

Why a Presumptive Mediation Program Matters

Who Typically Completes the Presumptive Mediation Program

The document is completed by parties, counsel, or court staff to set mediation as the presumptive path and capture key logistical and legal details.

  • Plaintiffs’ or claimants’ counsel initiating mediation proposals to opposing parties and the court
  • Defense counsel, adjusters, or corporate representatives responding to proposed mediation and confirming availability
  • Court ADR administrators or case managers tracking mediation status, assignments, and compliance with local rules

Core Components of a Professional Presumptive Mediation Program

A complete program form balances case facts, scheduling mechanics, and legal protections so mediations proceed smoothly and records remain defensible in court or agency review.

Parties

Full legal names and roles for each party and counsel, including contact details for mediator communication and service purposes.

Scope of Dispute

Concise list of claims or issues proposed for mediation, with references to relevant pleadings or claim numbers for clarity.

Mediator Details

Proposed mediator name, credentials, availability windows, and any agreed fee arrangement or allocation among parties.

Confidentiality

Confidentiality and privilege terms, including whether communications are settlement negotiations and protections under local law.

Schedule

Proposed mediation dates, method (in-person, remote), and deadlines for responses, disclosures, and joint statements.

Signatures

Signature blocks for parties and counsel showing assent; electronic signature and timestamp method specified for auditability.

Step-by-Step: Completing the Presumptive Mediation Program

Follow these steps to prepare, circulate, and finalize the presumptive mediation form so it is ready for the mediator and the court record.

  • 01
    Prepare: Gather case number, party contacts, and proposed mediator details before filling fields.
  • 02
    Draft: Complete scope, dates, confidentiality text, and any fee allocation clauses.
  • 03
    Circulate: Send to opposing counsel and mediator for acknowledgment or counterproposal with clear response deadlines.
  • 04
    Finalize: Obtain signatures, confirm method of mediation, and file or note on the case docket per local rule.

How to Configure an Online Mediation Workflow

Set up the document in your case management or eSignature platform to automate routing, reminders, and secure storage.

Field Configuration
Authentication Method Email link or SMS code; consider stronger KBA for high-value cases
Routing Order Sequential signing: party A → party B → mediator for acknowledgement
Conditional Fields Show mediator fee fields only when a mediator is selected
Archive Location Save signed copy to case folder and document management system

Where to Send or File the Completed Program

Routing depends on local court rules and whether the mediation is court-annexed or private; maintain a clear filing and service trail.

  • Court ADR Office: File or lodge with the court’s ADR administrator per local filing rules.
  • Opposing Counsel: Serve signed form to opposing counsel and confirm receipt for scheduling.
  • Mediator Inbox: Deliver final signed form to the mediator for logistics and fee confirmation.
  • Case Management: Upload executed form to the electronic case file or document management repository.

Digital Signing and eSubmission: Platform Considerations

Choose a platform that supports secure eSignatures, audit trails, and the file formats used by your court or agency.

  • Integrations: Salesforce, NetSuite, Google Workspace supported
  • Formats: PDF, DOCX, HTML compatible
  • Security: AES-256 at rest; TLS 1.2/1.3 in transit

Required Information and Security Elements

Case ID: Court case number
Party Contact: Full name and address
Mediator Contact: Name and email
Dispute Summary: Short issue list
Confidentiality: Settlement protection
Audit Trail: Signature timestamp

Typical Timelines and Deadlines to Track

Presumptive mediation programs work best when response and scheduling deadlines are explicit; adjust timings for local rules and complexity.

Notice Period:

Commonly 14–30 days to propose mediation

Response Deadline:

Often 10–14 days to accept or propose alternatives

Scheduling Window:

Mediation usually scheduled within 21–60 days of agreement

Pre‑Mediation Disclosures:

Exchange documents 7–14 days before session

Post‑Mediation Filing:

File settlement notice within 7–14 days if resolved

Key Milestones in the Presumptive Mediation Process

A sequential milestone roadmap helps case managers and parties track progress from proposal to resolution or reversion to litigation.

01

Proposal Filed

Sender completes and circulates the presumptive mediation form to parties.

02

Acknowledgment

Opposing party or counsel accepts or timely responds with counterproposal.

03

Mediator Confirmed

Mediator accepts and confirms date, method, and fees.

04

Session Held

Mediation occurs and outcomes are recorded or settlement filed.

Common Mistakes to Avoid When Preparing the Form

  • Failing to identify the case number or mis‑typing party names, which can misroute documents and cause administrative delay or rejection.
  • Using vague issue descriptions like 'all claims' without cross‑reference to pleadings, leading to disputes about mediation scope.
  • Not specifying time zone or exact dates for remote sessions, producing scheduling confusion across jurisdictions and participants.
  • Omitting signature authority or title for corporate signers, which can create questions about enforceability or require later ratification.

Risks and Consequences of Incorrect or Incomplete Forms

Missed Notice: May forfeit scheduled mediation
Improper Parties: Leads to challenge or reissuance
Unsigned Form: Not enforceable as agreement
Wrong Mediator: Requires rescheduling
Confidentiality Gap: Risk of disclosure in litigation
Deadline Lapse: May trigger court sanctions

Representative eSignature Pricing and Feature Comparison

Compare common price and capability criteria for high‑volume eSignature use when executing presumptive mediation programs; signNow appears first for parity in this comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Yes Yes Yes Yes
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Examples from Organizations Using Digital Mediation Forms

Organizations of different sizes report clearer workflows and faster document turnaround when mediation paperwork is digitized and tracked.

Optica Ventures LLC — COO

The interface is simple and easy-to-use for our team.

  • The form captured all parties and dates accurately.
  • Using a standardized electronic presumptive mediation program reduced scheduling friction and improved customer response time while preserving the case record integrity.

Martin Properties — Founder

I can process and execute all of these documents online with 100% compliance.

  • Mobile and offline signing supported.
  • Digital mediation forms let our property managers finalize mediations quickly, keep secure records, and avoid costly in-person coordination.

Best Practices for Accurate, Efficient Completion

These operational practices reduce errors, speed execution, and make electronic records defensible in court or agency review.

Use Clear Scope Language
Describe disputed claims by reference to pleadings and document numbers to prevent downstream ambiguity about what issues were intended for mediation.
Confirm Signatory Authority
Verify that corporate or agency signers have authority and include titles; attach board or authority delegations when necessary to avoid later ratification problems.
Choose Robust Authentication
Use email links with SMS codes or KBA for higher‑risk matters to strengthen attribution and reduce repudiation risk under ESIGN/UETA.
Archive Immediately
Store the executed form and audit trail in the official case file and a secure backup to support retention and potential compliance reviews.

Frequently Asked Questions About the Presumptive Mediation Program

Answers to common legal, technical, and procedural questions when using presumptive mediation paperwork in the United States.


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