Majority of divorce matters in New Jersey are resolved by way of alternative dispute resolution events such as parties attending Early Settlement Matrimonial Panel (MESP) and/or economic mediation. Generally, however, our law has prohibited parties in which there is a Final Restraining Order (herein “FRO”) to attend economic mediation. What do parties do if they wish to attend economic mediation? Can they still attend economic mediation? The answer is, yes.
By way of brief history, the New Jersey Supreme Court in its May 8, 2015 Order supplemented Rule 1:40-5(b)(1) and provisions of the Domestic Violence Procedures Manual to establish a pilot program for economic mediation in certain family court dissolution (FM) matters in which a final restraining order is in effect between the parties. Following the investigation of this program in six counties, the Court subsequently issued statewide operational guidelines. The plan was to continue with the expansion, however the COVID-19 pandemic in 2020 halted both the continuation of DVEM in the pilot counties and its expansion statewide of the DVEM.
The Supreme Court on July 7, 2023 authorized the resumption of this program in those six pilot counties given the fact that covid-related temporary changes to Court operations were no longer in effect. Then, the Court in its September 11, 2023 Order amended Rules 1:40-5 (“Mediation in Family Part Matters”) and 1:40-12 (“Mediators and Arbitrators in Court-Annexed Programs”) to formalize the provisions of the DVEM. The rules allow referral to post-Early Settlement Panel (ESP) economic mediation when there is a final restraining order with the consent of the protected party and provide for approved economic mediators to participate in the DVEM program following completion of domestic violence mediation training.
Several key provisions of the rules include that the protected party must provide consent to participate in mediation, mediation can only address economic issues, mediation cannot address custody/parenting, and parties with a Temporary Restraining Order may not participate in this program. Furthermore, if consent is provided by the protective party, the Final Restraining Order must be amended by the Court to allow the parties to attend mediation. In addition, the mediation must take place either in the Courthouse or virtually in order to eliminate the parties having contact with one another. Subsequently, the mediator must shuttle back and forth between the parties (if in person) or keep the parties in separate virtual rooms.
If you have a Final Restraining Order and wish to attend economic mediation, it is very important you retain an attorney who is familiar with the program and the directive #17-23.
