Written/Reviewed By:
Barry S. Kantrowitz, Esq.Last Updated: Oct 23, 2026
Read Time: 4 mins
A judge can send a New Jersey divorce case to the Early Settlement Program before it reaches trial. Families in Bergen County should know what that involves. This post covers how the program works and what a party needs to have ready.
Judges Can Refer Divorce Cases to Early Settlement
According to the New Jersey Courts Early Settlement Panels page, the program is a mediation service for divorcing couples, meant to help them agree on terms as an alternative to trial. Professional settlement coordinators run the program in each county. Settlement is encouraged because it can shorten litigation, reduce costs, and ease the strain of a trial.
Participation Becomes Mandatory After a Referral
A judge makes the referral under Court Rule 5:5-5, and once a case is referred, taking part is required. The court’s page says that if the program is recommended, participation is mandatory. A party can’t treat the session as optional or skip it because the other side seems unwilling to agree.
Papers Are Due Before the Session
Each party submits papers to the program coordinator and the panelists at least five days before the session. Those papers give the panel the facts of the case and the issues in dispute. A late or incomplete submission leaves the panel with less to work from.
Missing the Deadline Carries Consequences
Failure to meet the paperwork deadline can lead to dismissal or an order to pay the other party’s legal fees. Both outcomes are costly, and early preparation can avoid them. Parties can ask a Bergen County family law lawyer to set a timeline that puts the submission well ahead of the date.
Preparation Strengthens a Settlement Position
A party who arrives organized has more room to negotiate. Useful items to prepare include:
- A clear list of the issues in dispute, such as custody, support, and property
- Current financial records, including income, expenses, and accounts
- A summary of what outcome the party hopes for on each issue
- Notes on points where compromise is acceptable
Panelists work from what is placed in front of them, so organized information helps them see where agreement is possible.
Early Settlement Resembles Mediation, Not a Trial
The program aims for agreement rather than a ruling, which is how mediation works. The difference between mediation versus arbitration shows how settlement-focused processes differ from ones where a neutral decides.
A session also differs from a hearing in front of a judge. The panel reviews the case and discusses possible terms.
Issues in Dispute Should Be Identified in Advance
Custody, support, and property are the issues a party should sort out before a session. The overview of four main divorce issues helps a party see which of them apply.
Custody disputes involve children directly. Learning what not to do in a custody dispute can keep a session productive.
Custody and Support Questions Deserve Early Attention
Parents preparing for a session may have specific questions about their situation. They can ask a Bergen County child custody lawyer how parenting time is treated in the case.
Financial support is also on the table. A parent can ask a Bergen County child support lawyer how support figures are presented to a panel.
Our Firm’s Involvement With Early Settlement
At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., the family law team includes Partner Randy J. Perlmutter, who volunteers as an Early Settlement Panelist in Bergen County, where he reviews pending family law cases and advises on settlement possibilities. Mr. Perlmutter joined the firm in 2002 and became a partner in 2007. Associate Brandon W. Rothstein focuses on matrimonial law, custody, and equitable distribution.
Planning for a Referral
A referral can follow the filing of a case, so it helps to have records and priorities in place early. If your case has been referred or may be, you can get in touch with us about what the panel will expect, and a Bergen County family law lawyer can help you meet the deadline and set realistic goals.
Get in Touch
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