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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
505 Main Street
Hackensack, NJ 07601
Fax: (201) 489-0880
$250.00
Melinda Lowell, Attorney at Law
85 Main Street
Hackensack, NJ 07601
Fax: (201) 498-0066
Bert T. Lundberg, Attorney at Law
1816 Englishtown Road, Suite 202
Old Bridge, NJ 08857
Fax: (732) 723-9525
$275.00
263 Drum Point Road
Brick, NJ 08723
Fax: (732) 477-6312
$350.00
Lyte & Associates, LLC
1550 Park Avenue, Suite 201
South Plainfield, NJ 07080
Fax: (908) 753-0011

Ms. Lyte has practiced family law for over 35 years. She is a mediator and collaborative attorney and an ESP panelist in Middlesex County. Her offices are in South Plainfield and Clinton Township, convenient to Middlesex, Union and Hunterdon county matters.

$350.00
Law Office Of Timothy F. McGoughran, LLC
802 West Park Ave, Building 2, Suite 222
Ocean, NJ 07712
$350.00
Weinberger Divorce & Family Law
119 Cherry Hill Road, Suite 120
Parsippany, NJ 07054
$450.00
The Law Offices of Michael R. Magaril
PO Box 1306
Mountainside, NJ 07092
Fax: (908) 389-0141

I have been an active participant in the economic mediation program for over 18 years. Using audio-visual aids & up-to-date financial planning software, I work to bring parties & their counsel together to develop realistic & economically efficient solutions that are oriented toward practical problem solving for families in transition.

Approved for DV Cases
Qualified Mentor
$350.00
Starr, Gern, Davison & Rubin, P.C.
105 Eisenhower Parkway, Suite 401
Roseland, NJ 07068
Fax: (973) 228-0031

I have been practicing law for over 20 years, during which time I have resolved, tried & arbitrated many family actions dealing with all financial & custody aspects of family law. I was an Early Settlement panelist in Somerset & Mercer county and in the last 14 years in Essex County. I have also been a panelist in Union for the past 4 years.

$300.00
211 Broad Street, Suite 203
Red Bank, NJ 07701
Fax: (732) 933-1587
$165.00
Linda Mainenti Walsh, Esq., LLC
6 South Street, Suite 301
Morristown, NJ 07960
Fax: (973) 292-1344
$375.00
33-11 Broadway
Fair Lawn, NJ 07410
Fax: (201) 282-4191
$250.00
Maleski, Eisenhut & Zielinski, LLC
169 Main Street
Flemington, NJ 08822
Fax: (908) 237-9697
$400.00
Ferguson & Gille
101 Park Street
Montclair, NJ 07042
Fax: (973) 744-5948

I have a 9 year history of conducting economic mediations in NJ. I have also mediated in NY and NJ on Hurricane Sandy insurance claims. I am qualified to mediate economic issues having successfully completed the NJ education requirements and having been awarded an LL.M. in Tax recently from the Tax Program at the Villanova School of Law in December 2013.

$250.00
Caruso Smith Picini, P.C.
60 Route 46 East
Fairfield, NJ 07004
Fax: (973) 667-1200
$200.00
Toni Ann Marcolini, Esq.
P.O. Box 607
East Brunswick, NJ 08816
Fax: (732) 358-0128
$275.00
488 Schooleys Mountain Road, Suite 106
Hackettstown, NJ 07840
Fax: (908) 852-9150
$250.00
184 South Livingston Avenue, Suite 9-219
Livingston, NJ 07039
$250.00
51 Taurus Drive, Suite 3C
Hillsborough, NJ 08844
Fax: (908) 281-5208
$150.00
PO Box 581
Woodbridge, NJ 07095
Fax: (908) 862-1529
$185.00

Become a Mediator

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