Notice – Proposed Amendments to Rules 1:40-5 and 1:40-12 to Support the Domestic Violence Economic Mediation (DVEM) Program – Request for Comment

The Supreme Court invites written comments on proposed amendments to Rule 1 :40-5 ("Mediation in Family Part Matters") and Rule 1 :40-12 ("Mediators and Arbitrators in Court-Annexed Programs"). The proposed amendments would support statewide expansion of the Domestic Violence Economic Mediation ("DVEM") Program, as authorized by the Court and announced in this July 7, 2023 notice. 

The attached proposed amendments to Rule 1 :40-5 would ( 1) enable litigants in Family matters to participate in economic mediation when there is an active domestic violence final restraining order (FRO) between the parties and the protected party in the FRO consents to the mediation; (2) prohibit the direct exchange of information between the parties participating in the DVEM program; and (3) require mediators to have a domestic violence designation on the approved Roster of Mediators for Economic Aspects of Family Law Cases in order to be eligible to conduct domestic violence economic mediation. 

The proposed amendments to Rule 1 :40-12 would require mediators to complete specialized domestic violence mediation training as approved by the Administrative Director of the Courts. Such specialized training would include topics on power and control, progression of abuse, cycle of violence, and issues relating to victims and perpetrators. 

Please send any comments on the proposed amendments to Rules 1 :40-5 and 1 :40-12 in writing by August 14, 2023 to: 

Administrative Director Glenn A. Grant 
Administrative Office of the Courts 
Attn: Proposed Amendments to Court Rules 1 :40-5 and 1 :40-12 Hughes Justice Complex 
P.O. Box 037 
Trenton, New Jersey 08625-0037 

Comments may also be submitted by email to: Comments.Mailbox@njcourts.gov. 

The Supreme Court will not consider comments submitted anonymously. Thus, those submitting comments by mail should include their name and address ( and those submitting comments by email should include their name and email address). Comments are subject to public disclosure upon receipt.