What is the early settlement program (ESP)?
The Early Settlement Program (ESP) is a mediation program used to help divorcing couples reach an agreement on the terms of their divorce instead of going to trial. Settlement can shorten litigation time, save money, and ease some of the emotional burden of a divorce trial.
What is the early settlement panel?
What is the ESP? The early settlement panel is an alternative dispute resolution program. The goal of the early settlement program is as the name implies to try to have the parties reach a settlement of the issues in dispute between you and your spouse as soon as possible and in the most efficient manner.
What happens at an early settlement hearing for divorce?
That is, both of you will testify, under oath, that you understand the terms of the settlement and that you agree to be bound by it. At that time, the evidence with respect to the cause of action for divorce will also be heard by the judge. Usually, you will be divorced on the same day that the case was heard by the Early Settlement Panel.
Should I try to settle my case at the ESP hearing?
Therefore, it is important to try to settle your case the ESP hearing. The goal of the Early Settlement Panel is to assist you in arriving at a fair and just settlement in the shortest time possible and at the lowest possible cost. You are urged, therefore, to carefully consider the recommendation of your panelists.
What is the Early Settlement Program?
ESP is a mandatory program for New Jersey couples going through a divorce. Like private mediation, the goal is to help the divorcing couple reach a settlement without having to go through litigation.
How does the Early Settlement Program work?
ESP cases are overseen by “panelists.” These are experienced family law attorneys who volunteer for the program. In an ESP case, the parties must submit an ESP memo which is reviewed by the panel. An ESP memo outlines each party’s opinion on child support, spousal support and property division.
Are there benefits to ESP?
ESP gives participants a structured way to settle their divorce without having to go to trial. Some people may find the peace and privacy of ESP to be attractive. Other couples may decide that the more formal and traditional divorce trial process is best for them.
What is the recommendation of the Early Settlement Panel?
It is important for you to know that the recommendation of the Early Settlement Panel will be a well-reasoned one, and it will be based upon the panelist's interpretation of the law, the fairness and the equitable factors in your case, and the likeliness of the judge's decision if the case is tried. What type of legal issues does the ESP panel deal ...
What does it mean to settle a case?
By settling your case, you and your spouse are able to actively participate in the decision making process. This is not the case when your matter is decided by a judge, whose decision will be based solely upon the evidence presented before the court at the time of trial.
What happens if you don't settle your case with the ESP panel?
If you case is not settled with the assistance of the ESP Panel, then you case will be conferenced by a judge and it will be scheduled for a trial.
Why is it important to settle a case?
Settlements end the litigation and avoid a costly trial and possible appeal. A settlement also eases the emotional burden that is associated with litigated matrimonial cases. It is very important for the parties to make an all out effort to settlement their case at the ESP hearing.
Can you be divorced on the same day as the early settlement panel?
At that time, the evidence with respect to the cause of action for divorce will also be heard by the judge. Usually, you will be divorced on the same day that the case was heard by the Early Settlement Panel.
What is the early settlement program?
All New Jersey counties have established Early Settlement Programs which are court-mandated programs required for all people with pending divorce litigation. Some counties have started requiring attendance at early settlement panels for post-judgment issues as well.
What are the benefits of settling?
Obviously, settling saves time, expense, counsel fees, and further emotional distress for the parties and the family. If you choose not to settle that day, your case will be rescheduled for another court date. You should be aware that most matrimonial cases are settled between the parties and are not tried by the courts and that experience has shown that most parties are much happier with an agreement that they have negotiated themselves than with a result which is ordered by the court.
What is ESP date?
Many litigants do not know what to expect when it comes to this mandatory court appearance, often referred to as the ESP date. It is a process that all courts in this State require for family-related matters in order to give the parties a chance to put forward a settlement proposal in writing and see, often for the very first time, exactly what their spouse is looking to obtain in settlement. That is, an articulated statement as to a party’s position with respect to the various issues (i.e., child support, alimony, division of assets and liabilities and counsel fees). Note that the panel does not address the issues of custody and parenting time.
What is the discovery stage of divorce?
During the discovery stage of the divorce process, the parties are able to ascertain relevant information from the other spouse, answers to interrogatories are provided, documents proving asset values are submitted, depositions may be taken, and most importantly, case information statements (CIS) are filed, which itemize assets, liabilities, each parties’ monthly expenses and past and present income levels. After the case has had an opportunity to go through the discovery stage, the case is ready to go before the court for an early settlement panel.
What is a panel recommendation?
The panel formulates a recommendation of the unresolved issues and then explains its settlement suggestions to the parties and counsel. When the panel’s recommendation is rendered, the parties will have a chance to ask questions. Experience shows that panel recommendations are usually quite consistent with what might be expected from a judge after a lengthy and costly trial.
How does a settlement panel work?
On the day of the settlement panel, parties involved in several cases will meet with a judge of the family court for about 10 minutes of preliminary explanations regarding what this mandatory court process is and what it seeks to accomplish. The judge will explain to all of the cases scheduled that morning that the settlement panel is comprised of two or three (depending upon the county) experienced, volunteer matrimonial attorneys, who assist the parties in essentially “predicting” what a judge would do if their matter were to continue through to a trial. Certainly, the attorneys on the panel are not provided with the same amount of information about the case as would a judge at trial, but the attorneys on the panel review the proposals submitted to them, which typically include the parties’ detailed case information statements. Additionally, counsel for each party has an opportunity to “present their respective case” before the panel analyzes the outstanding unresolved issues.
Why do people settle on ESP dates?
The purpose of this process is to afford the parties a vehicle by which they are forced to come together and put forward their respective positions . The advantage of settling on the ESP date is obvious: if the parties settle, they can get divorced that day and cut the case short, saving an extraordinary amount of time, effort, money and emotional anguish. Even more important, they will experience closure on their matter and may thereafter move on with their lives. If, however, the parties do not settle their case on the ESP date, the process can sometimes extend for another several months, causing attorney fees and court costs to continue. There are some complex cases which will not settle at the ESP date simply because expert reports or other pertinent discovery is still outstanding. Such cases may nevertheless benefit from an ESP appearance because it brings them to the settlement table to, at a minimum, determine how far apart their overall respective positions are in reality. For the simpler cases, however, failing to reach settlement on the ESP date could create major financial strain upon some litigants who cannot afford many more months of litigation. The money saved by settling the divorce case could be better applied toward children’s education funds, purchasing a new home or even taking a much needed vacation.
What is the benefit of settling divorce on the day of the Early Settlement Panel?
The benefit of settling the divorce matter on the day of the Early Settlement Panel is clear and compromises made by both sides would likely serve each party well.
Is a divorce panel recommendation confidential?
Although the panel’s recommendation is confidential and non-binding, the parties are encouraged to adopt that recommendation. If the recommendation is accepted by the parties, then they may leave the courthouse that day with a final Judgment of Divorce, after placing their settlement terms on the record before a judge.
How many hours of mediation training is required for a mediator?
All mediators on the roster have completed 40 hours of mediation training. Under Court Rule 1:40- 4 (b) the mediator contributes the first two hours, including preparation time, at no cost to the parties.
What is economic mediation?
The emphasis of the program is to resolve the economic issues in the case, such as equitable distribution of marital property and support.
When is a case referred to mediation?
Cases are referred by the court to mediation if the case is not settled after the Matrimonial Early Settlement Panel (MESP) is held. However, the parties may request and be referred to mediation at any time prior to the MESP.
Can you translate the New Jersey Judiciary website?
The Website of the State of New Jersey Judiciary (Judiciary) may be translated for your convenience using software powered by Google Translate, a free online language translation service that can translate text and web pages into different languages.
What Is The Early Settlement Program?
- ESP is a mandatory program for New Jersey couples going through a divorce. Like private mediation, the goal is to help the divorcing couple reach a settlement without having to go through litigation. If successful, settling a divorce through participation in ESP can save a couple time, money and it can be less taxing emotionally when compared to a ...
How Does The Early Settlement Program Work?
- ESP cases are overseen by “panelists.” These are experienced family law attorneys who volunteer for the program. In an ESP case, the parties must submit an ESP memo which is reviewed by the panel. An ESP memo outlines each party’s opinion on child support, spousal support and property division. Note that child custody issues cannot be dealt with in ESP. The panel will also conside…
Are There Benefits to ESP?
- ESP gives participants a structured way to settle their divorcewithout having to go to trial. Some people may find the peace and privacy of ESP to be attractive. Other couples may decide that the more formal and traditional divorce trial process is best for them. It should be noted, the only way you are able to waive the ESP process is if both parties agree and a judge consents. No matter y…