Current through Register Vol. 56, No. 24, December 18, 2024
(a) A dispute
resolution professional employed by the dispute resolution organization shall
be either:
1. An attorney licensed to
practice in New Jersey with at least 10 years of experience in cases involving
personal injury or workers' compensation;
2. A former judge of the Superior Court or
the Workers' Compensation Court, or a former Administrative Law Judge;
or
3. Any other person, qualified
by education and at least 10 years' experience, with sufficient understanding
of automobile insurance claims and practices, contract law, and judicial or
alternate dispute resolution practices and procedures.
(b) Dispute resolution professionals shall
avoid conflicts of interest as prohibited at
N.J.A.C. 11:3-5.1 2 in any matter assigned
to them for determination.
1. Dispute
resolution professionals shall complete and file with the dispute resolution
organization a conflict of interest questionnaire that shall provide sufficient
detail about financial interests of themselves and their immediate family so as
to avoid any assignment to a particular case where there is a conflict of
interest. Conflict of interest questionnaires shall remain confidential with
the dispute resolution organization, and the information set forth therein
shall only be disclosed as necessary to individuals responsible for assigning
cases to dispute resolution professionals, or reviewing motions to disqualify
an assigned dispute resolution professional.
2. If during the course of an assignment a
dispute resolution professional determines that he or she has conflict of
interest, based upon facts determined in the course of the proceedings, then
the DRP shall promptly advise the administrator of the circumstances, who shall
assign another DRP.
3. A party may
challenge the assignment of a particular DRP by submitting the specific grounds
for challenge in accordance with the rules of the dispute resolution
organization approved by the Commissioner. The rules of the dispute resolution
organization approved by the Commissioner shall provide that a party may
challenge the assignment of the DRP as follows:
i. When the party receives notification of
the assignment of the DRP for an in-person case; or
ii. As part of the appeal process provided in
the rules for on-the-papers cases.
(c) Dispute resolution professionals shall be
compensated by the administrator in accordance with the terms of the contract
designating the administrator. Compensation shall not be contingent in any way
upon the decision or determination of the DRP.
(d) Dispute resolution professionals shall
create and maintain such records as may be necessary to carry out their
responsibilities and provide such records to the administrator as required in
the contract designating the administrator.
