Certification Forms For Nj Superior Court Page 2

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D
– D
R
A
IVORCE
ISPUTE
ESOLUTION
LTERNATIVES
*
C
L
TO
ONVENTIONAL
ITIGATION
[Text Promulgated 12/04/06 as Approved by the Supreme Court]
Resolving issues concerning your divorce can be costly and difficult. While only a judge
can actually grant a divorce, division of your property and your debts, alimony, child support,
custody and parenting time are some of the other issues that may need to be resolved. A judge
can decide all issues at trial. However, there are other ways to resolve many of the issues in your
divorce. These alternate dispute resolution methods offer greater privacy than resolving the
issues in a public trial. They also may be faster and less expensive, and may reduce the level of
conflict between you and your spouse during your divorce. You are encouraged to discuss
alternative dispute resolution with your lawyer to decide whether these alternate methods may
help you and your spouse resolve as many of the issues relating to your divorce as possible
before the matter is presented to the judge.
What follows are short descriptions of various forms of alternative dispute resolution that
may be used in divorce cases.
**
M
EDIATION
Mediation is a means of resolving differences with the help of a trained, impartial third
party. The parties, with or without lawyers, are brought together by the mediator in a neutral
*
This constitutes the “descriptive material” referenced in Rule 5:4-2(h) that each divorce litigant
must receive and certify as having received (using the attached certification forms).
**
Note: The adoption of Rule 5:4-2(h) and the promulgation of this descriptive material is in no
way intended to indicate any change in the Court’s policy, grounded in statutes and court rules,
against mediation in any matter in which a temporary or final restraining order has been entered
pursuant to the Prevention of Domestic Violence Act.
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