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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
Singh Law, LLC
4365 US Highway 1 South, Suite 106
Princeton, NJ 08540
Fax: (609) 454-3167
$350.00
52 Trinity Street
Newton, NJ 07860
Fax: (973) 579-7787
$300.00
Davis & Mendelson, L.L.C.
1200 Laurel Oak Road, Suite 101
Voorhees, NJ 08043
Fax: (856) 627-0300
$300.00
312 East Park Avenue
Haddonfield, NJ 08033
$125.00
200 Daniels Way
freehold, NJ 07728
Fax: (732) 905-2733
$225.00
502 Route 22
Lebanon, NJ 08833
$350.00
812 State Road
Princeton, NJ 08540
$200.00
Bielan, Miklos & Makrogiannis, PC
33 West 8th Street, 2nd Floor
Bayonne, NJ 07002
Fax: (201) 436-0314
$275.00
35 Sparta Avenue
Sparta, NJ 07811
Fax: (973) 729-3809
$250.00
Glenn Milgraum PC
59 Chestnut Court
Cedar Grove, NJ 07009
Fax: (973) 812-2648

I have been litigating and resolving "family" and "civil" disputes for over 35 years in NJ and NY. I have achieved the designation of APM (Accredited Professional Mediator) from NJAPM (New Jersey Association of Professional Mediators). Most mediations are now held virtually.

Approved for DV Cases
$360.00
Citta, Holzapfel and Zabarsky
248 Washington Street
Toms River, NJ 08753
Fax: (732) 349-0792

David Millard is a retired Superior Court Judge, having served as Presiding Judge of the Family Division and the Civil Division. He previously served as the Ocean County Prosecutor. He currently has an active Arbitration and Mediation practice.

Approved for DV Cases
$400.00
50 Radburn Road
Glen Rock, NJ 07452
$275.00
Atkins, Tafuri, Minassian, D'Amato, Beane & Miller
887 Kinderkamack Road
River Edge, NJ 07661
Fax: (201) 967-8323

I have exclusively practiced as a Family Law Attorney for over 14 years. I have negotiated and settled innumerable cases involving issues of spousal/child support, custody, parenting time, relocation, equitable distribution, including high net worth individuals and business owners. I stay current on all relevant laws/statutes that impact these areas of law.

$425.00
111 Northfield Avenue, Suite 206
West Orange, NJ 07052
Fax: (973) 325-0112
$250.00
Adinolfi & Packman, PA
4 Kings Highway East
Haddonfield, NJ 08033
Fax: (856) 428-8779

I've been participating in family mediation for the entirety of my 27 year career, including extensive use of both private & court-ordered mediation programs. I am a Certified Matrimonial Law Attorney, MESP panelist in 3 counties for more than 15 years, former Ethics Committee member & bring a high level of experience in all forms of negotiation & litigation to my recent mediation training.

$350.00
17 East High Street
Somerville, NJ 08876
Fax: (908) 300-8702
Approved for DV Cases
$350.00
Law Office of Steven P. Monaghan, LLC
157 Broad Street, Suite 108
Red Bank, NJ 07701
Fax: (732) 530-1577
$400.00
Gerald J. Monahan, Attorney at Law
175 Washington Avenue, Suite 12
Dumont, NJ 07628
Fax: (201) 384-1015
$250.00
Law Offices of Scott Mooney, LLC
145 English Street
Hackensack, NJ 07601
Fax: (201) 996-9150
$300.00
Klehr Harrison Harvey Branzburg LLP
457 Haddonfield Road, Suite 510
Cherry Hill, NJ 08002
Fax: (856) 486-4875
$340.00

Become a Mediator

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