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GETTING STUCK-DISPUTE RESOLUTION AFTER AN ORDER IS ENTERED
Not all disputes and disagreements occur before a Divorce, Custody or Support Order, or other Family Court orders are entered or agreed to. Many people who have gone to court in the past to resolve their disagreement believe that they will never step back into a courtroom again. Simply put, that is unlikely. For a host of reasons, people will comply with an Order of Court for a period of time, and then circumstances change.
People lose their jobs (hence, they cannot pay support any longer) or accept a lower-paying job (and their support order needs to be modified).
Maybe a person wants to move out of the area for a better job or because they are marrying someone who lives several states away. The person getting married may want to relocate with children, and the other party to the order might object to the children moving away. Other than that, there are many reasons why a custody order might require modification.
Perhaps because of a poorly drafted Property Settlement Agreement, the parties cannot agree on what the language of a certain paragraph means. Enforcement of the PSA might need to be done.
In any of these circumstances, do the parties have to return to Court to change or enforce a Court order? The answer is “NO”. Should the parties agree, these changes to an existing order can be discussed and agreed to in Mediation or through a private Binding Arbitrator. Either of these dispute resolution methods is dramatically faster and far less expensive than hiring your own lawyers and litigating this dispute in court.
To hire a mediator or a binding arbitrator, both you and the other party must agree to proceed in this fashion and agree on the identity of the person who will mediate or arbitrate the disagreement. When selecting a Mediator or Arbitrator to help modify your court order, seek an attorney with experience in mediating or arbitrating.
Mediators should have minimally taken the 40-hour family law mediation training. Binding Arbitrators are generally family law attorneys with decades of experience.
Just because you went to court when your Order was entered does not mean you need to return to Court to change your order. Speak to your spouse about mediating or arbitrating your disagreement.
If you have questions about resolving disputes or modifying court orders through mediation or arbitration, we’re here to help. Contact us today to discuss your options and find the best solution
