2A:23C-4 - Privilege against disclosure; admissibility; discovery - New Jersey Statutes

2A:23C-4  Privilege against disclosure; admissibility; discovery.
4.Privilege against Disclosure; Admissibility; Discovery.

a.Except as otherwise provided in section 6 of P.L. 2004, c.157 (C.2A:23C-6), a mediation communication is privileged as provided in subsection b. of this section and shall not be subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 5 of P.L. 2004, c.157 (C.2A:23C-5).

b.In a proceeding, the following privileges shall apply:

(1)a mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.

(2)a mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.

(3)a nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.

c.Evidence or information that is otherwise admissible or subject to discovery shall not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.

L.2004,c.157,s.4.