Personal Injury Mediation in New Jersey
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In New Jersey, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$18,000 – $85,000
Avg Settlement
How Mediation Works in New Jersey
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in New Jersey. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (51% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
New Jersey Injury Law Overview
New Jersey's choice no-fault system allows drivers to select limited tort (verbal threshold requiring serious injury to sue) or full tort (unlimited right to sue for pain and suffering). This election significantly affects the rights of injured drivers. New Jersey applies modified comparative fault with a 51% bar. The statute of limitations is 2 years. New Jersey courts, particularly in Camden and Essex counties, handle significant personal injury caseloads. The New Jersey Tort Claims Act governs claims against public entities, requiring a 90-day notice of claim and limiting recovery in some circumstances. New Jersey has no general cap on compensatory damages for private defendants. Medical malpractice cases require an affidavit of merit from a qualified expert within 60 days of the defendant's answer. Product liability in New Jersey follows New Jersey Products Liability Act standards, which consolidate multiple theories into a single cause of action. Punitive damages require clear and convincing evidence of actual malice.