PILOT PROGRAM PERMITTING ECONOMIC MEDIATION IN CERTAIN DISSOLUTION MATTERS IN WHICH THERE IS A DOMESTIC VIOLENCE FINAL RESTRAINING ORDER

NOTICE TO THE BAR
PILOT PROGRAM PERMITTING ECONOMIC MEDIATION IN
CERTAIN DISSOLUTION MATTERS IN WHICH THERE IS
A DOMESTIC VIOLENCE FINAL RESTRAINING ORDER
By Order dated May 8, 2015, the Supreme Court has relaxed and
supplemented Rule 1 :40-5(b)(1) and the Domestic Violence Procedures Manual
("DVPM") at section 4.1 0.3. This relaxation of the court rule and the DVPM will
permit the establishment of a pilot program in six counties to mediate economic
issues in certain family court dissolution matters with a domestic violence final
restraining order in effect between the parties. The six counties participating in
the pilot program are: ·Essex, Mercer, Middlesex, Morris, Ocean, and Somerset.
The Judiciary has established mediation to resolve economic issues
between parties in a family court dissolution matter efficiently. The rule here
being relaxed- Rule 1 :40-5(b)(1)- provides that parties with a domestic violence
final restraining order in place pursuant to the Prevention of Domestic Violence
Act (N.J .S.A. 2C:25-17 et seq.) ("PDVA") otherwise may not participate in
mediation. In authorizing this pilot project, the Judiciary remains committed to
ensuring the protections of a domestic violence final restraining order. The
safety of the domestic violence victim is paramount.
The Judiciary recognizes that the use of mediation may be effective to
promptly resolve economic disputes without the necessity of dismissing a
domestic violence final restraining order in appropriate cases. Mediation can be
an effective tool in bringing prompt resolution to economic disputes in appropriate
cases in which a domestic violence final restraining order has been issued.
Without mediation as an available tool, these matters often conclude in a trial,
which may further exacerbate the relationship of the parties and prolong the
resolution. Another possible consequence of the current policy of non-mediation
is that victims must dismiss the final restraining order in order to participate in
economic mediation.
However, notwithstanding the primacy of protecting the victim from further
victimization, in certain situations mediations may be conducted safely while a
final restraining order remains in effect. It is on that basis that the Supreme
Court has authorized establishment of this six-county pilot program to permit the
mediation of economic issues in certain dissolution matters that have a domestic
violence final restraining order in effect between the parties.
Participation in this pilot program will be limited to those matters in which
there is a final restraining order in place and where there is the consent of the
victim. Cases where there is a temporary restraining order are not appropriate
for inclusion in the pilot program. Also excluded from mediation are cases in
which there is a contempt charge or there has been a conviction for a violation of
the final restraining order.
This document will be published in the New Jersey Law Journal and will
be posted on the judiciary's website- www.njcourts.com. Any questions
regarding pilot program may be directed to Assistant Director Joanne M. Dietrich,
Family Practice Division, Administrative Office of the Courts, at 609-984-4228.
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: May 14, 2015
SUPREME COURT OF NEW JERSEY
WHEREAS, the Judiciary has established mediation to resolve economic issues
between parties in a family court dissolution matter efficiently; and
WHEREAS, the Judiciary is committed to ensuring the protections of a domestic
violence final restraining order entered pursuant to the Prevention of Domestic Violence
Act (N .J.S.A. 2C:25-17 et seq.); and
WHEREAS, the Judiciary recognizes that a domestic violence final restraining
order should remain in effect when appropriate; and
WHEREAS, the Judiciary recognizes that the use of mediation may be effective
to promptly resolve economic disputes without the necessity of dismissing a domestic
violence final restraining order in appropriate cases; and
WHEREAS, the Supreme Court has authorized and the Judiciary will establish
a pilot program to permit the mediation of economic issues in certain dissolution matters
with a domestic violence final restraining order in effect between the parties;
THEREFORE IT IS ORDERED, pursuant to N.J. Canst. (1947), Art. VI, §2, 1J3,
that, effective immediately and until further Order, for purposes of the pilot program,
Rule 1 :40-5(b)(1) is relaxed and supplemented so as to permit the mediation of
economic issues in a family court dissolution matter with a domestic violence final
restraining order in effect between the parties in accordance with the pilot program
protocol, as promulgated by the Administrative Director of the Courts; and
It is FURTHER ORDERED that, the Domestic Violence Procedures Manual
(DVPM), section 4.1 0.3, is relaxed and supplemented for purposes of the pilot program
so as to permit the mediation of economic issues in a family court dissolution matter
1
with a domestic violence final restraining order in effect between the parties in
accordance with the pilot program protocol, as promulgated by the Administrative
Director of the Courts.
For the Court, :s._ .. ~-
Chief Justice
Dated: May 8, 2015
2