1:40-5. Mediation in Family Part Matters
(a) ...no change
(b) Mediation of Economic Aspects of Divorce.
(1) Referral to MESP. The CDR program of each vicinage shall include a
post-Matrimonial Early Settlement Panel (MESP) program for the mediation of the
economic aspects of divorce or for the conduct of a post-MESP alternate
Complementary Dispute Resolution (CDR) event consistent with the provisions of
this rule and R. 5:5-6 [and Appendix XIX of these Rules]. However, no matter shall
be referred to mediation if a temporary or final restraining order is in effect in the
matter pursuant to the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et
seq.).
(2) Designation of Mediator of Economic Aspects of Family Law Matters.
A credentials committee comprised of representatives from the Supreme Court
Committee on Complementary Dispute Resolution shall be responsible for reviewing
and approving all mediator applications. Applicants must complete an application
form posted on the Judiciary’s Internet website (www.judiciary.state.nj.us or
www.njcourtsonline.com ). Mediators who meet the training requirements set forth
in this rule, and any other approved criteria developed by the Family Court Programs
Subcommittee on the Committee on Complementary Dispute Resolution shall be
added to the Roster of Approved Mediators. The roster shall be maintained by the
Administrative Office of the Courts and shall be posted on the Judiciary’s Internet
web site.
(3) Exchange of Information. In mediation of economic aspects of Family
actions, parties are required to provide accurate and complete information to the
mediator and to each other, including but not limited to tax returns, Case Information
Statements, and appraisal reports. The court may, in the Mediation Referral Order,
stay discovery and set specific times for completion of mediation.
(4) Timing of Referral. Parties shall be referred to economic mediation or
other alternate CDR event following the unsuccessful attempt to resolve their issues
through MESP. At the conclusion of the MESP process, parties shall be directed to
confer with appropriate court staff to expedite the referral to economic mediation in
accordance with the following procedures:
A. Parties may conference with the judge or the judge’s designee.
B. Court staff shall explain the program to the parties and/or their attorneys.
C. Parties shall be provided with the roster of approved mediators for
selection.
D. After a mediator has been selected, court staff shall attempt immediate
contact to secure the mediator’s acceptance and the date of initial
appointment. If court staff is unable to contact the mediator for
confirmation, the order of referral shall state that the mediator and the date
of initial appointment remain tentative until confirmation is secured. Staff
will attempt to confirm within 24 hours and send an amended order to the
parties and/or their attorneys.
E. If a mediator notifies the court that he or she cannot take on any additional
cases, court staff will so advise the parties at the time of selection so that
an alternate mediator can be selected.
F. The court shall enter an Economic Mediation Referral Order stating the
name of the mediator, listing the financial documents to be shared
between the parties and with the mediator, indicating the allocation of
compensation by each party if mediation extends beyond the initial two
hours, stating the court’s expectation that the parties will mediate in good
faith, defining the mediation time frame, and identifying the next court
event and the date of that event.
G. The referral order, signed by the judge, shall be provided to the parties
before they leave the courthouse. Amended orders with confirmed
appointments shall be faxed to the parties and/or their attorneys the next
day, replacing the tentative orders.
H. If the parties are unable to agree upon and select a mediator, the judge
will appoint one. Staff shall then follow the above procedures as
applicable.
I. Referral to economic mediation shall be recorded in the Family Automated
Case Tracking System (FACTS).
(5) Adjournments. Adjournment of events in the mediation process shall
be determined by the mediator after conferring with the parties and/or attorneys,
provided that any such adjournment will not result in the case exceeding the return
date to the court. If an adjournment would cause delay of the return date to the
court, a written adjournment request must be made to the judge who has
responsibility for the case or the judge’s designee.
