Intensive Settlement Conference – The Last Step before Trial

An Intensive Settlement Conference (“ISC”) in a New Jersey divorce case is a Court-mandated proceeding occurring shortly before trial. The purpose of the ISC is to help litigants attempt to resolve their marital disputes, with the assistance of a Judge, without proceeding to a final hearing before the Court. This procedure involves a New Jersey Superior Court Judge working closely with the parties, and their attorneys, to reach a resolution of any outstanding issues in the divorce case.

New Jersey Courts favor settlement, as opposed to litigation, and offer many avenues to facilitate a compressive settlement of a case. From the outset of a case, parties can engage in negotiations at any time. Thereafter, once the discovery process has concluded, a case will be scheduled for a Matrimonial Early Settlement Panel (“MESP”). At the MESP, two experienced family law attorneys will review position statements submitted by each party and make a recommendation as to how they believe the case should be resolved.

If there is no agreement after negotiations and/or MESP, the parties will likely be referred to economic mediation. Economic mediation involves the retention of a neutral third-party mediator. The mediator is compensated for their time and attempts to assist the parties in addressing all financial issues of the divorce. If negotiation, MESP, and economic mediation fail, the only proceeding between the parties and a trial on the merits, is the ISC.

An ISC is distinct from mediation and serves as a final attempt to settle a case before trial. At the ISC, the parties, through counsel, may submit a memorandum to the Court outlining issues that remain outstanding and agreements that have been reached. The Court will likely instruct the parties to attempt to negotiate any outstanding issues amongst themselves. However, if the parties reach an impasse, the parties may request the Judge’s input on certain issues. While the Court will not “prejudge” the case, the Court is able to give some recommendations as to how a particular dispute may be resolved and/or how the Court views certain issues. Due to the Judge’s experience in dealing with similar cases, and expertise in the relevant law, the ISC proceedings result in many cases reaching settlement before the parties expend the time and money associated with a prolonged trial.