The Mediation Process

New Jersey courts have always maintained that 'settlement ranks high in the public policy of New Jersey.' Lahue v. Pio Costa, 263 N.J.Super. 575 (App. Div. 1993). In furtherance of this public policy, over 25 years ago, many counties began a pilot program called the 'Early Settlement Program' or 'Matrimonial Early Settlement Program.'

New Jersey Court Rule 5:5-5 provides:

All vicinages shall establish an Early Settlement Program (ESP), in conjunction with the County Bar Associations, and the Presiding Judges, or designee, shall refer appropriate cases including post-judgment applications to the program based upon review of the pleadings and case information statements submitted by the parties. Parties to cases that have been so referred shall participate in the program as scheduled. The failure of a party to participate in the program or to provide a case information statement or such other required information may result in the assessment of counsel fees and/or dismissal of the non-cooperating party's pleadings. Not later than five days prior to the scheduled panel session, each party shall be required to provide a submission to the ESP coordinator in the county of venue, with a copy to the designated panelists, if known. (Initially adopted December 20, 1983, to be effective December 31, 1983.)

While not a mediation process in the strict definition of the word, it is a mediation-type event giving the parties another opportunity to review and negotiate the outstanding issues at court. While the procedures vary somewhat from county to county, generally the parties are required to prepare position papers and appear before two panelists, who are seasoned matrimonial attorneys. After having read the position papers and heard from counsel, the panelists would make their recommendations as to how the case should be settled. Failure to participate in these proceedings can result in assessment of counsel fees and/or dismissal of the non-cooperating party's pleadings.