Are there any limits to the remedies that can be awarded in a mediated settlement?
Yes, there are limits to the remedies that can be awarded in a mediated settlement in New Jersey. Generally, the purpose of mediation is to allow the parties involved to come to an agreement through negotiation and compromise, rather than through a court order. Therefore, the remedies that can be awarded must not be punitive or excessive, as an arbitrator may not award more than the parties to the settlement are willing to agree on. Additionally, a court order is not binding under New Jersey mediation law, so a court cannot enforce the remedies agreed upon in a mediated settlement. This means that remedies cannot require a party to do something that would be legally prohibited. For example, a mediator cannot award a remedy that would require a party to break a contract or commit a criminal act. Finally, the remedies that can be awarded are limited to those that are equitable and practical. Mediation is designed to resolve disputes in the most just and efficient manner possible. Therefore, remedies must be reasonable, and the costs associated with enforcing them must be reasonable as well. If the costs associated with a remedy are too high, and their benefit is too low, then the remedy may not be enforceable.
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