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Economic Mediation in Family Law Cases

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Economic Mediation Program Overview

Contested divorce cases are first reviewed by an early settlement panel (ESP). This panel, made up of two experienced divorce attorneys, will recommend a settlement in the case. If the parties do not agree with the recommendation, and there are unresolved financial disputes after ESP review, the court may order them to participate in economic mediation. Economic mediation can help divorcing couples find common ground to divide shared property and determine support.

Economic mediation is a means of resolving financial issues with a trained, impartial third party. It is designed to facilitate settlements in an informal, non-adversarial environment. Mediators do not represent either party and do not offer legal advice. Parties are encouraged to retain their own attorney for the mediation process. If they do not have an attorney, they may choose someone else to accompany them in mediation.

Benefits of mediation include:

  • Confidential proceedings.
  • The opportunity for the parties to create their own, mutually acceptable agreement.
  • Allowing parties to take an active role in resolving their dispute.
  • Saving both parties time and money.

All mediators on the roster of Judiciary-approved mediators have completed 40 hours of mediation training. Mediators on the roster with a domestic violence designation completed training that qualifies them to conduct Domestic Violence Economic Mediation. Mediators are attorneys and other experienced professionals in the financial or mental health fields.

After the first two hours, the mediation costs are paid by the parties.

The first two hours of mediation are free. These two hours include the time it takes for the mediator to prepare for the first session and for the session itself. Travel time is not included in the first two hours and mediators are not allowed to charge for their travel.

During the mediation, the mediator will let you know when the two free hours have been reached. Either party can then choose to end the mediation. If the mediation goes beyond the free two hours, the court decides the amount each party will be responsible for to cover the mediator’s fee.

Economic Mediation and Final Restraining Orders

Generally, the law prohibits mediation when there is an active final restraining order between the parties. The Domestic Violence Economic Mediation Program allows mediation only if the protected party (the person with the restraining order) requests it. The protected party must consent to amending the final restraining order to allow mediation. The protected party may terminate the mediation process at any time and for any reason. 

The protected party must initiate the request for economic mediation.

The protected party must

  1. Read and understand the Frequently Asked Questions for Protected Parties 
  2. Meet with a domestic violence advocate or trained court staff; and
  3. Complete and file a certification which is a formal request to the court that the case be referred to economic mediation. It is also a request for the court to amend the Final Restraining Order to permit economic mediation. Filing the certification does not guarantee that the court will refer the case to the program.

After reviewing the certification and confirming that the protected party consents to economic mediation, the court will ask the other party if they agree to mediation. If they do not agree, they will be asked to provide an explanation. The court may still decide to refer the case to economic mediation.

If the court refers a case to economic mediation, both parties will work separately with court staff to agree on the selection of a mediator. If they are unable to agree, the court will assign one.

If there is a final restraining order, the parties will not be in the same room for mediation.

Domestic violence economic mediation takes place in a secure room at the courthouse where security is on site, or it may take place on-line using videoconferencing. Domestic violence economic mediation will not be conducted at the mediator’s office or any other location.

The mediator assigned to the case will use a process called “shuttle diplomacy” to facilitate the mediation. This means that each party will be in separate rooms the entire time, and the mediator will communicate with them separately. This eliminates direct communication between the parties. Similarly, if the mediation is conducted online, the parties will be in separate virtual meeting rooms and will not have any contact.

Only mediators who completed domestic violence mediation training are eligible to mediate cases where there is a restraining order between the parties.

The protected party can choose to end mediation at any time.

This program was created to give victims of domestic violence the same opportunity to resolve their case as litigants who do not have a restraining order. If the protected party does not feel comfortable about moving forward with economic mediation, they can let their attorney know. If they do not have an attorney, they can contact the court. This will not be held against them in any way.

The mediator cannot address other issues such as custody or parenting time.

This is prohibited by law and violates provisions of the Domestic Violence Economic Mediation program.

Read the Frequently Asked Questions for Protected Parties and Frequently Asked Questions for Non-Protected Parties for more details about the program.

Mediators must complete the Economic Mediation Results Form after the mediation session.     

Mediators for Economic Aspects of Family Law

Mediator Qualifications Hourly Rate
Bowne, Barry and Barry
5 Auer Court, Suite A
East Brunswick, NJ 08816
Fax: (732) 257-5551
$300.00
70 East Water Street, Suite 4A
Toms River, NJ 08753
Fax: (732) 736-7036

Extensive experience in family mediation for over 20 years. Former Municipal Court Judge; former township mediator; professor at Rutgers University and Ocean County College; Initiated mediation and conflict resolution course at Ocean County College; Trainer/instructor "mediation for attorneys" continuing education program at Ocean County College.

$350.00
Archer & Greiner, P.C.
1 Centennial Square
Haddonfield, NJ 08033
Fax: (856) 673-7068

Retired Superior Court Judge served the Judiciary for 23 years, serving 10 years in Family, 10 years in Criminal and 3 years as Presiding Judge in General Equity Probate in Atlantic/Cape May Counties. Twelve of his decisions were published by the Committee on Opinions (9 in Family).

$395.00
Bauer and Karch Law, LLC
27 Main Street
Lebanon, NJ 08833
Fax: (908) 236-8205

Ms. Bauer was admitted to practice law in NJ in 1988. She is a certified matrimonial attorney, was elected as a Fellow of American Academy of Matrimonial Lawyers in 2009, and was named as Hunterdon County Bar Association 2014 Professional Lawyer of the Year. Her expertise is family law, particularly in the areas of divorce, custody and domestic violence.

Approved for DV Cases
$450.00
Patricia R. Bell LLC
14 Euclid Avenue, Unit 201
Summit, NJ 07901
Fax: (973) 761-4171
$300.00
120 Mountain Boulevard
Basking Ridge, NJ 07920
$275.00
Bergman & Barrett
103 Carnegie Center, Suite 210
Princeton, NJ 08540
Fax: (609) 683-0288
$425.00
7 Rosewood Drive
Lakewood, NJ 08701
Fax: (732) 901-6519
Qualified Mentor
$300.00
Berman Rosenbach, P.C.
10 Madison Avenue, PO Box 1916
Morristown, NJ 079621916
Fax: (973) 206-8201

Bill has been licensed to practice law in the State of NJ and NY for over 31 years. As a volunteer in the MESP Program and as a court approved divorce mediator by the NJ Supreme Court Committee on Complimentary Dispute Resolution, he is appointed by judges and attorneys to conduct mediation in both complex and simple matrimonial matters.

$400.00
One University Plaza, Suite 214
Hackensack, NJ 07601
Fax: (201) 339-6130
$575.00
621 Short Hills Court
Westfield, NJ 07090
Fax: (908) 232-8727
$225.00
Law Office of Laurie A. Bernstein, P.C.
143 Eagle Rock Avenue
Roseland, NJ 07068
Fax: (973) 228-2103
$300.00
503 Stillwells Corner Road, Suite E-4
Freehold, NJ 07728
Fax: (973) 763-1003
Approved for DV Cases
$225.00
292 Lafayette Street
Newark, NJ 07105
Fax: (800) 991-7995
$200.00
Law Office of Sharon Bittner Kean
244 Green Village Road
Madison, NJ 07940
Fax: (973) 236-9406
$375.00
Gary Alan Blaustein, Esq.
403 King George Road, Suite 241
Basking Ridge, NJ 07920
Fax: (908) 382-3133
$250.00
1 University Plaza, Suite 114
Hackensack, NJ 07601
Fax: (973) 492-8812
Qualified Mentor
$390.00
Weinberg Lieberman & Co
155 Passaic Avenue, Suite 370
Fairfield, NJ 07004
Fax: (973) 403-1653

Mr. Bogorad practices as a forensic account with the majority of his time spent on NJ family law matters. He has experience in all different types of economic claims including equitable distribution, spousal/child support, business valuation, lost profits, and business/partnership disputes.

$350.00
88 Willow Drive
Old Tappan, NJ 07675
Fax: (201) 666-7717
$150.00
Bonilla Law Offices
3332 John F. Kennedy Boulevard
Jersey City, NJ 07307
Fax: (201) 659-7450
Qualified Mentor
$325.00

Become a Mediator

If you want to become a mediator, you need to apply. Current mediators can change or update their roster status.