Dispute Resolution In A Parenting Plan Depending on the parents, their parenting plan may run quite smoothing or they may have many disagreements (or somewhere in the middle). Because of the possibility of disagreements on the operation of the parenting plan (this would include issues involving the residential time or decision making) state statutes require that the parenting plan contain a “dispute resolution process” to be undertaken by the parents BEFORE they bring the issue to court (via a hearing). The reason for this requirement is based on the fact that many issues get resolved if the parents discuss the issue before a neutral person. By forcing the parents to use the dispute resolution process first (and resolve it) then the tax payer funded court will not have to spend it’s resources on the issue. Here is the language in the current parenting plan, discussing why it is required: “The purpose of this dispute resolution process is to resolve disagreements about carrying out this parenting plan. This dispute resolution process may, and under some local court rules or the provisions of this plan must, be used before filing a petition to modify the plan or a motion for contempt for failing to follow the plan.” I should note that the court, or the parties, have the ability to provide for no dispute resolution process in the parenting plan (i.e. all disputes to be addressed in a court hearing). This would be a consideration if the parents has a history of not working together or other major issues that affect the ability to work out problems. The three main types of dispute resolution are: counseling, mediation and arbitration. The four type would be going straight to court to resolve the issue(s). While the types of dispute resolution are mentioned in the state statutes, there is nothing stopping the parents from providing for a very specific way to address the issues. This might include who the person will be, how the process works and what happens (or does not happen) between the time the parents realize there is a disagreement but before they can resolve it (this might include not allowing a parent to unilaterally making the decision, etc.). If the parents seem to be able to work together, I generally recommend naming a specific mediation person (I never recommend saying something like “a mediator that the parents mutual agree on” - they are already having a disagreement, it can be hard to pick a person during a disagreement) but always like to leave open the door to pick someone else by adding “or other mediator that the parents mutually agree to use”. To start the dispute resolution process I generally recommend a formal letter (that is dated and signed by the parent). This is a bit more “solid” as evidence that the process was started by a parent (vs. an email or a text message). Depending on the important of the issue(s) it could be just mailed or you might want to have proof of delivery. The aforementioned comments are important if the other side, later, claims that you never contacted them about the issue and/or commencement of the dispute resolution process. Lastly, is the issue of costs for the dispute resolution process. Some attorneys will provide for the cost to be addressed by the mediator (etc.) but I like to keep this person neutral. I like to provide for the costs to be paid equally by the parents (thereby making sure that neither parent will try to use the process as a tool of harassment). _________________________________________________ This blog article is not intended to convey legal advice, but only address some of the general rules. Most legal issues, in family law cases, depend on the specific facts. Should you wish to discuss your particular situation with the Law Office of Thomas A. Chillquist, please call or email my office. I am a family law lawyer (divorce attorney) and I represent parties in family law, and divorce, matters in King and Pierce County, Washington, including Kent, Federal Way, Covington, Renton, SeaTac, Des Moines, Fife, Auburn, Seattle, Bellevue, Puyallup, Orting, Tacoma and Mercer Island. Copyright Thomas A. Chillquist
Posted on: Fri, 02 Jan 2015 19:19:43 +0000
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