Candy Ley Velazquez, Esq.
Article authored by Candy Ley Velazquez, Esq.
Prior to 2015, divorcing parties in New Jersey were barred from participating in economic mediation if there was a Final Restraining Order (FRO) in place. Economic mediation is a court-required alternative dispute resolution method that is instrumental in assisting parties in finalizing their divorces. Because of their inability to participate in economic mediation, divorcing parties with a FRO often had to try their cases at an emotional and economical expense. This can often prove to be detrimental to the survivor of domestic violence as the aggressor can often use this to their advantage. For example, the aggressor in a financially abusive relationship can use litigation to increase the survivor’s attorney’s fees and force the survivor to settle to terms favorable to the aggressor.
On May 8, 2015, the Supreme Court of New Jersey authorized a pilot program to permit trained mediators to conduct economic mediations when an FRO is in effect. The Supreme Court relaxed and supplemented Rule 1 :40-5(b)(1) and the Domestic Violence Procedures Manual ("DVPM") at section 4.1 0.3. The change of the court rule and the DVPM allowed for the creation of a pilot program in six counties to mediate economic issues in certain divorce matters when a domestic violence final restraining order was in effect between the parties. The six counties originally participating in the pilot program were: Essex, Mercer, Middlesex, Morris, Ocean, and Somerset.
The pilot program was such a success that the Supreme Court approved the expansion of the Domestic Violence Economic Mediation “DVEM” program to all of New Jersey’s 21 counties (the DVEM program was temporarily suspended starting in March 2020 due to COVID-19).
DVEM program mediators are trained to manage the power and control dynamics present in a domestic violence/intimate partner violence. Specifically, the mediators are trained to ensure that one party does not dominate the mediation by virtue of the relationship dynamics and power imbalances, but also that the aggressor does not use the mediation process to continue engaging in acts of domestic violence against the survivor. Only Mediators who have been approved by the judiciary to serve as Economic Mediators and who are on the judiciary’s roster may participate in the DVEM Program.
Provided the parties want to participate and the court approves, the restraining order would be amended to permit the parties to participate in economic mediation with the approved mediator. Administrative Office of the Courts Directive #06-20 provides clarifying information on the DVEM Program:
“The DVEM Program is limited to those dissolution (FM) cases with a FRO between the parties where the protected party in the active FRO has consented to mediation. It includes litigants who have mutual FROs. Litigants with temporary restraining orders are not eligible to participate in the program. Also excluded from the program are cases where there has been a charge of contempt or a conviction for a violation of the FRO. In-person DVEM sessions must be held at the courthouse and employ shuttle diplomacy. Shuttle diplomacy is a method of mediation in which the mediator travels between the parties who are located in different rooms. The Vicinage must coordinate with the county Sheriff’s Office to ensure that the security measures detailed in the Operational Guidelines are in place for every in-person DVEM. Videoconferencing can be an option to conduct the mediation, if available in the county.”
The New Jersey Courts developed a “Frequently Asked Questions” on the DVEM Program for protected parties; the FAQs are available by clicking here.
About Candy
Candy Ley Velazquez, Esq. is a longtime volunteer with Volunteer Lawyers for Justice. She is the founder and principal attorney at Velazquez Law, LLC, a New Jersey law firm with offices in Morristown and Short Hills serving clients in the areas of divorce, family law, and elder law.
Candy received her undergraduate degree from Kean University and Juris Doctor from the City University of New York School of Law. Recently, Candy received an LLM in Elder Law from the Stetson University College of Law. After law school, Candy served as a law clerk to the Honorable Ramona A. Santiago, J.S.C. (Ret.) of the New Jersey Superior Court, Criminal Division in Essex County. She also participated in the City University of New York Law School’s Elder Law Clinic where she was assigned as a court-appointed attorney in guardianship cases and also assisted elder abuse victims.