In most final parenting plans, there is a provision for determining how the parties will resolve disagreements that arise in carrying out the terms of the parenting plan. These disagreements may involve the residential schedule of the child or any other provision in the parenting plan. For most child custody cases, Seattle arbitration and mediation are the most common types of ADR ordered. Seattle arbitration generally means that the parties each submit their proposals for dispute resolution to an appointed or agreed upon third party who will actually decide the outcome of the dispute for the parties in lieu of court action. In general, "mediation" means that the parties attempt to negotiate a resolution through the help of a family law attorney or other person who represents neither party, but who assists the parties in reaching a resolution in light of the relevant law.
If ADR is required, it must be completed before petitioning the court for relief. If ADR is unsuccessful, the parties may then petition the court to resolve the dispute. Appealing to the court to review an arbitrator's decision involves special rules that a Seattle arbitration or family law attorney can explain.
In recent years, courts have shown a preference for parties resolving their disputes outside of litigation. Thus, Seattle arbitration and mediation have become more common. One reason for this preference is simply efficiency; parties do not need the full expense and circumstance of courts to resolve all their disputes. Another reason is that parties in a family law dispute generally abide by mediated agreements better than by court mandates. Mediation gets the parties talking and participating in resolution rather than simply running to court. Seattle arbitration can also help reduce the cost of litigation.
A party who is concerned about a disagreement regarding a parenting plan should first consult the Dispute Resolution Section of the plan and determine the procedure for commencing dispute resolution. A qualified family law or Seattle arbitration attorney should be consulted if any questions about the dispute resolution process in a given case arise.
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