Rule 5:5-6. Participation in Mandatory Post-ESP Mediation or in a Mandatory PostESP Complementary Dispute Resolution Event

Rule 5:5-6. Participation in Mandatory Post-ESP Mediation or in a Mandatory
PostESP Complementary Dispute Resolution Event

(a) Mandatory Post-ESP Events. Each vicinage shall establish a program for the
post-Early Settlement Program ("ESP") mediation of the economic aspects of a divorce,
dissolution of a civil union or termination of a domestic partnership, consistent with the
procedures set forth in these Rules. In any matter in which a settlement is not achieved
at the time of the ESP, an order for mediation or other post-ESP Complementary
Dispute Resolution ("CDR") event shall be entered. The order shall provide that the
litigants may select a mediator from the statewide-approved list of mediators or select
an individual to conduct a post-ESP CDR event. Litigants shall be permitted to select
another individual who will conduct a post-ESP mediation event, provided such
selection is made within seven days.

(b) Mandatory Two Hour Minimum Participation. Unless good cause is shown
why a particular matter should not be referred to this post-ESP program, litigants shall
be required to participate in the program for no more than two hours, consisting of one
hour of preparation time by the mediator or other individual conducting the alternate
CDR event and one hour of time for the mediation or other CDR event. As provided in
R. 1:40-4(b), litigants selecting a mediator from the statewide approved list of mediators
will not be charged a fee for the mandatory first two hours of mediation. This provision
does not apply when the litigants select an individual not on the statewide approved list
of mediators. Participation after the first two hours shall be voluntary.

(c) Allocation of Fees After Two Hour Minimum. If litigants consent to continue
the mediation process, the Economic Mediation Referral Order will determine the
distribution of costs for each party for the additional hours. If the litigants choose to
participate in an alternate post-ESP CDR event, the fee shall be set by the individual
conducting the session. The litigants shall share the cost equally unless otherwise
determined by the court. The litigants are required to participate in at least one session
of such alternate postESP CDR event.

Note: Adopted July 27, 2006 to be effective September 1, 2006; former text amended and allocated into paragraphs (a) and (b), captions to paragraphs (a) and (b) adopted, and new paragraph (c) caption and text adopted July 16, 2009 to be effective September 1, 2009; caption amended, paragraph (a) caption and text amended, and paragraphs (b) and (c) amended July 21, 2011 to be effective September 1, 2011; paragraph (b) amended July 27, 2015 to be effective September 1, 2015.