R. 5:5-6. — Participation In Mandatory Post-ESP Mediation or In a Mandatory PostESP Complementary Dispute Resolution Event

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.