State v. Williams

In this appeal, we must decide whether a mediator appointed by a court under Rule 1:40 may testify in a subsequent criminal proceeding regarding a participant’s statements made during mediation.

Defendant’s brother-in-law phoned defendant and left several taunting messages, leading to a face-to-face argument that quickly escalated into a physical fight. Defendant claims that his brother-in-law hit him in the shoulder with a large construction shovel. The brother-in-law counters that defendant retrieved a machete from the trunk of his car and cut the brother-in-law’s wrist and foot. Police…