Custody Mediation and Consent Conferences in New Jersey

FD cases: education program and consent conference

In all initial non-dissolution cases where the parents or caregivers of a child are seeking custody or parenting time, the parties must attend the non-dissolution education program and a consent conference (R. 5:8-7). The Judiciary explains that a trained court professional helps the parties discuss each issue; if they agree on some or all of them, court staff write up an order listing the agreed issues, both parties sign it, and it becomes binding and enforceable once the judge reviews and signs it. If the case is not resolved, or a party fails to appear or refuses to cooperate, it is scheduled before the court (R. 5:8-7).

Custody and parenting time mediation

• Screening. All complaints or motions involving a custody or parenting time issue are screened to decide whether the issue is genuine and substantial; if so, the matter is referred to mediation for resolution in the child’s best interests (R. 1:40-5(a)(1); R. 5:8-1).
• Time limit. The mediation lasts no longer than two months from the date it commences or is ordered to commence, whichever is sooner, unless the court extends it on good cause shown (R. 5:8-1).
• No evaluations required. During mediation the parties are not required to participate in custody evaluations with any expert, though they may agree to (R. 5:8-1).
• If it does not resolve. Each party files a Custody and Parenting Time/Visitation Plan no later than 14 days after an unsuccessful mediation (R. 5:8-5(a)), and the court may order a Family Division investigation (R. 5:8-1).

What happens in mediation

• The mediator’s role. Mediation is a facilitative process in which a neutral third party facilitates communication to promote settlement without imposing the mediator’s own judgment on the issues (R. 1:40-2(c)).
• Who attends. An attorney or other person a party designates may accompany the party, non-parties attend only with the consent of the parties and the mediator, and parties must participate in good faith (R. 1:40-4(g)).
• Confidentiality. Unless the participants agree otherwise or the rule permits disclosure, no one may disclose a mediation communication to a non-participant, and mediation communications are not subject to discovery or admissible in later proceedings except as the Uniform Mediation Act provides (R. 1:40-4(c), (d)). The rule also lists situations in which the mediator may or must disclose information, such as to prevent harm.
• Ending a session. The mediator must end the session if there is a power imbalance or abusive behavior the mediator cannot control, or if the mediator believes continuing is inappropriate (R. 1:40-4(h)(2)).
• Agreements. Any total or partial agreement must be put in writing, signed by each party, and given to each party; if no agreement is reached, the matter goes back to court (R. 1:40-4(i)).

Divorce cases: CDR, ESP, and economic mediation

In a divorce, each party’s first pleading must attach a certification that the party has been told about complementary dispute resolution alternatives such as mediation, arbitration and collaborative law, and has received descriptive material (R. 5:4-2(h)). Self-represented litigants use the Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution (CDR) Alternatives (CN 10889) (revised 08/2025, effective 09/01/2025), which refers to the descriptive material in CN 10888. Financial issues may also be referred to an Early Settlement Program and then to economic mediation or another post-ESP event (R. 5:5-5; R. 5:5-6; R. 1:40-5(b)).

Parenting coordinators

After a temporary or final custody order (or a pendente lite order) and a parenting plan are in place, the court may appoint a Parenting Coordinator in dissolution and non-dissolution matters to help the parties resolve day-to-day parenting issues under the plan (R. 5:8D(a), (b)). A coordinator from the statewide roster may be appointed on motion or the court’s own motion on a finding of good cause, or by consent; a non-roster coordinator may be appointed only with the parties’ consent and never while a domestic violence restraining order is in effect (R. 5:8D(c)).

Primary sources

Rules and forms change. Check the current version at the source before you file. New Jersey statutes are published by the Legislature, and the Rules Governing the Courts by the Judiciary. Neither site offers a stable link to a single section, so statute and Court Rule links open the official search page; search there for the citation shown.

• R. 5:8-7, non-dissolution education program and consent conference
• R. 1:40-5, mediation in Family Part matters
• R. 1:40-2 and 1:40-4, mediation definitions and general rules
• R. 5:8-1, investigation before award
• R. 5:8-5, custody and parenting time/visitation plans
• R. 5:4-2(h), CDR certification
• R. 5:5-5 and 5:5-6, Early Settlement Program and post-ESP mediation
• R. 5:8D, parenting coordinators
• N.J.S.A. 2C:25-29, domestic violence hearing procedure
• CN 10889, CDR certification for self-represented litigants
• CN 10888, CDR descriptive materials
• NJ Courts, consent conferences