Rule 5:1-5.Arbitration

Last amended September 1, 2021 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:1-5 governs family arbitration agreements and consent orders, listing six categories that cannot be arbitrated and prescribing the forms, acknowledgments and record-keeping an agreement must contain.

Full Text of Rule 5:1-5

Text sizeJump to: (a) (b) (c)

(a) Scope of Rule. This Rule applies to all Agreements to Arbitrate (“Agreements”) and all Consent Orders to Arbitrate (“Consent Orders”), including but not limited to those entered into pursuant to the Uniform Arbitration Act, N.J.S.A. 2A:23B-1 et seq., the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-1 et seq., or any other agreed upon framework for arbitration or resolution of disputes between and among parties to any proceeding heard in the family part, except: (A) the entry of the final judgment of annulment or dissolution of relationship; (B) actions involving the Division of Child Protection and Permanency; (C) domestic violence actions; (D) juvenile delinquency actions; (E) family crisis actions; and (F) adoption actions, which may not be arbitrated.

(b) Prerequisites.

(1) Arbitration Questionnaire. The Arbitration Questionnaire, which is set forth in Appendix XXIX-A, shall be signed by each party, attached to the Agreement or Consent Order, and filed with the court.

(2) Arbitrator Disclosure Form. The Arbitrator/Umpire Disclosure form, which is set forth in Appendix XXIX-D, shall be signed by the arbitrator/umpire, attached to the Agreement or Consent Order, and filed with the court. The parties must file the Arbitration Questionnaire, the Arbitrator Disclosure Form, and the Agreement or Consent Order before the case is placed on the arbitration track.

(3) Agreement or Consent Order.

(A) The Agreement or Consent Order shall be signed by the parties and shall state:

(i) the parties understand their entitlement to a judicial adjudication of their dispute and are willing to waive that right;

(ii) the parties are aware of the limited circumstances under which a challenge to the award may be advanced and agree to those limitations;

(iii) the parties have had sufficient time to consider the implications of their decision to arbitrate; and

(iv) the parties have entered into the Agreement or Consent Order freely and voluntarily, after due consideration of the consequences of doing so.

(B) In addition, in all family proceedings involving child-custody and parenting-time issues, the Agreement or Consent Order shall provide that:

(i) a record of all documentary evidence shall be kept;

(ii) all testimony shall be recorded verbatim; and

(iii) the award shall state, in writing, findings of fact and conclusions of law with a focus on the best-interests of the child standard.

(C) Further, in all family proceedings involving child support issues, the Agreement or Consent Order shall provide that the award shall state, in writing, findings of fact and conclusions of law with a focus on the best-interests standard, and consistent with R. 5:6A and Rules Appendix IX.

(D) Appendix XXIX-B is a template form of agreement to arbitrate pursuant to N.J.S.A. 2A:23B-1 et seq.

(E) Appendix XXIX-C is a template form of agreement to resolve disputes pursuant to N.J.S.A. 2A: 23A-1 et seq.

(F) Appendix XXIX-D is a form arbitrator/umpire disclosure.

(c) Arbitration Track. Any action, pre-or post-judgment, pending at the time that an Agreement or Consent Order to arbitrate is reached shall be placed on the Arbitration Track referenced in R. 5:1-4 for no more than one year following Arbitration Track assignment, which term may be extended by the court for good cause shown. Cases assigned to the Arbitration Track should be given scheduling consideration when fixing court appearances in other matters.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Adopted July 27, 2015 to be effective September 1, 2015; subparagraph (b)(1) amended, new subparagraph (b)(2) adopted, subparagraphs (b)(2) and (b)(3) redesignated as subparagraphs (b)(3) and (b)(4) July 29, 2019 to be effective September 1, 2019; subparagraphs (b)(1) and (b)(2) amended, subparagraph (b)(4) deleted, and paragraph (c) amended July 30, 2021 to be effective September 1, 2021.

Plain-English Summary

Paragraph (a) draws the outer boundary. Most family disputes can go to arbitration, but six cannot: entry of a final judgment of annulment or dissolution, actions involving the Division of Child Protection and Permanency, domestic violence actions, juvenile delinquency actions, family crisis actions, and adoption actions.

The prerequisites are documentary and strict. The parties file a signed Arbitration Questionnaire and the arbitrator files a signed Disclosure Form, and both must be on file with the agreement before the case is placed on the arbitration track. The agreement itself must record four acknowledgments: that the parties understand they are giving up a judicial adjudication, that they know how narrow the grounds for challenging an award are, that they had enough time to consider the decision, and that they entered into it freely.

Cases involving children carry extra requirements. Where custody or parenting time is at issue, the agreement must provide for a record of documentary evidence, a verbatim recording of testimony, and a written award with findings of fact and conclusions of law focused on the child's best interests. Child support awards must likewise be reasoned in writing. Those requirements are what make review under Rule 5:3-8 possible.

Frequently Asked Questions

What family matters cannot be arbitrated?

Six: entry of the final judgment of annulment or dissolution; actions involving the Division of Child Protection and Permanency; domestic violence actions; juvenile delinquency actions; family crisis actions; and adoption actions.

What has to be filed before a case goes on the arbitration track?

The Arbitration Questionnaire signed by each party, the Arbitrator/Umpire Disclosure Form signed by the arbitrator, and the agreement or consent order itself. All three must be filed before the case is placed on the track.

Does an arbitrator have to give reasons in a custody case?

Yes. Where child custody and parenting time are involved, the agreement must require the award to state written findings of fact and conclusions of law focused on the best-interests standard, along with a kept record of documentary evidence and verbatim recording of testimony.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:1-5). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: family arbitrationagreement to arbitrateconsent order to arbitratewhat cannot be arbitratedarbitration questionnaire