Mediation is not mandatory in New Jersey. It is a voluntary process that couples who are going through a no-fault divorce may decide to pursue. However, there are circumstances when a judge will order you and your spouse to attend a mediation session, including the following:nThere are custody disputes. If one or both parents have filed a complaint or motion involving a custody dispute or parenting time, and the court staff determines that there is a valid dispute, a judge will order the parents to participate in custody mediation, unless domestic violence is involved. You may ask to have the mediation requirement waived, but the judge will only approve the request if they find that you have good reason for the request.