Rule 5:5-6.Participation in Mandatory Post-ESP Mediation or in a Mandatory Post-ESP...
Last amended September 1, 2015 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:5-6 sends cases that do not settle at the Early Settlement Program on to a mandatory post-ESP mediation or alternative dispute resolution event, capped at two hours and free for the first two when a statewide-approved mediator is used.
(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 post-ESP CDR event.
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, 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.
Plain-English Summary
Every vicinage runs a post-ESP program for mediating the economic side of a divorce, dissolution or termination. When ESP does not produce a settlement, an order for mediation or another complementary dispute resolution event follows automatically. Parties may pick a mediator from the statewide approved list or choose someone else — but that alternative choice must be made within seven days.
The mandatory portion is small and defined: no more than two hours, made up of one hour of the mediator's preparation and one hour of the session itself. Where the mediator comes from the statewide approved list, those first two hours carry no charge. That does not apply when the parties select someone off the list. Anything beyond two hours is voluntary.
If the parties continue, the referral order determines how the additional cost is divided; for an alternative event the individual conducting it sets the fee. Costs are shared equally unless the court decides otherwise, and the parties must attend at least one session of any alternative event.
Frequently Asked Questions
Is post-ESP mediation free?
The first two hours are, if you select a mediator from the statewide approved list — one hour of preparation and one hour of session. That does not apply if you choose someone who is not on the list.
How long must we participate?
No more than two hours. Participation after the first two hours is voluntary.
How long do we have to choose our own mediator?
Seven days. Litigants may select another individual to conduct the post-ESP mediation event provided the selection is made within that time.
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. 5:5-6). 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:post-ESP mediationeconomic mediationmandatory mediationtwo free hoursCDR event