|
DISPUTE RESOLUTION OPTIONS
FOR YOUR PARENTING PLAN
Introduction--Three Methods. All parents going through a
dissolution learn that the parenting plan required by the Washington
State Parenting Act must specify a dispute resolution method as a part
of the plan. The dispute resolution section always appears in Part III
of the plan, as mandated by the parenting plan form. Note that this
section applies only to disputes under the parenting plan, and not
disputes about matters such as child support or tax exemption
allocation.
The three standard
options for dispute resolution are court action, mediation and
arbitration. But what are the differences? And what are the pros and
cons of selecting one of these three options?
Court Action.
Parents always have the right to say that the only dispute resolution
mechanism that they want is the use of the court system to adjudicate
their differences. One typical reason for this is that one party cannot
afford the cost of alternative dispute resolution. In theory, a party
representing him or herself may obtain access to the courts free by
filing a motion on the Family Law Motions Calendar (or nearly free,
allowing for the costs of service and copying). An arbitrator or
mediator, in contrast, frequently charges for his or her services at
rates of upwards of $100 per hour, with the costs to be divided between
the parties in some fashion.
As a practical matter,
however, in the event of a serious dispute, a party may be reluctant to
take court action without counsel. Also, legal fees borne by a party in
post-decree matters can mount much more rapidly than the shared cost of
an arbitrator or mediator. So a parenting plan which provides for court
action only does, in the event of a serious dispute, leave a party with
the alternatives of putting up with a bad situation, plunging into court
alone, or spending money on attorney's fees.
Mediation.
A recent authoritative study of the implementation of parenting
plan legislation in Washington state found that almost three-quarters of
all the plans reviewed by the researcher designated mediation as the
method for dispute resolution under the parenting plan. See
http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/parentingAct/chap3
Not everyone who selects mediation as an option understands what
mediation is, however.
In mediation, a
neutral third party assists the parents in reaching a voluntary and
informed settlement of their parenting differences. Ideally, the parties
identify the areas of agreement and disagreement, express his or her own
needs, and consider options that meet those needs. The mediator
facilitates a fair process and may have no ability, depending
on his or her knowledge of family law, to evaluate whether a fair
result has been reached.
Here are some issues
that should be considered by parties considering mediation:
-
Solutions that
parents are able to derive jointly and cooperatively are frequently
more satisfying than decisions imposed by an outsider such as a
judge.
-
This method of
dispute resolution is widely considered to be totally inappropriate
for survivors of domestic violence. Many observers also believe that
is not the best method when there is a significant power imbalance
between the parents, even absent acknowledged domestic violence.
-
Many parents who
have used mediation believe that it is expensive, time-consuming,
and frequently unsuccessful, especially in complex cases.
-
The background,
training, and experience of mediators can vary widely.
It is also
interesting to note that first parenting plans examined in the study
cited above were more likely to specify a non-court ordered dispute
resolution mechanism than were subsequent plans. The researcher
thought that this was related to some parents' frustration with
mediation as a tool.
http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/parentingAct/chap3
Arbitration.
Only about one percent of parenting plans designate arbitration
as the dispute resolution mechanism, and this method is not widely
understood. Like mediation, arbitration uses a neutral third party
outside the court system. Unlike mediation, however, the arbitrator
makes the decision for the parties rather than simply facilitating the
parties' process of decision.
Here are some issues
to be considered by parties considering arbitration:
-
The parties still
have the right to go to court in the face of an unsatisfactory
decision unless they have agreed that the arbitration is to be
binding. However, how an experienced arbitrator views a party's
position is frequently a good indication of how the court
commissioner or judge will view that party's position, so the review
to review of the decision is not always exercised.
-
Arbitration can be
considerably faster than mediation in resolving a dispute
-
Because of its
speed, using arbitration can be less costly than extended mediation
or a trip into court with an attorney.
-
Arbitration can be
very useful in deciding a limited point of contention between
parties in general agreement.
It is also possible to
mediate to a general agreement, and then agree to arbitrate the
remaining points.
Conclusion.
When formulating your parenting plan, do not overlook the
selection of the method you will use in the future to resolve disputes
with your children's other parent. It is worth some time to make sure
you understand the differences between the methods in order to decide
which is the best for your own situation.
The free
information contained in these pages is not intended
to be legal advice, and does not create an attorney-client relationship. You
should always consult with an
experienced attorney before taking any action. Feel free
to contact an attorney at MOGREN, GLESSNER & ROTI, P.S. at 425-255-4542 to
schedule an appointment and discuss these issues with you.
Site Map
MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
Our law firm is conveniently located in Renton, King County, WA, just off the freeway at the intersection of I-405 and I-167, easily accessible from Seattle and Bellevue Washington. Our
three family law and divorce attorneys represent clients in the greater Seattle area and throughout the State of Washington, including the communities of Renton, Tukwila, Seattle, Bellevue, Mercer Island, Issaquah, Fairwood,
Cascade, Newcastle, Normandy Park, Auburn, Maple Valley, Black Diamond, Federal Way, Des Moines,
Kent Meridian, Lake Youngs, Burien, SeaTac, Factoria, Covington, Medina, Fox
Island, Gig Harbor, North Bend, Snoqualmie, Sammamish, Seahurst, Enumclaw and most of south King County. Call 425-255-4542 for a free telephone consultation with an
experienced family law and divorce attorney / lawyer. Our attorneys represent both men and women in divorce
and the drafting of simple wills,
and are members of the Christian Legal Society. Our lawyers offer affordable rates
(reasonably priced) for uncontested divorce.
The free information and help contained in these
pages is not intended to be legal advice, and does not create an
attorney-client relationship. You should always consult with a lawyer before
taking any legal action. Feel free to call us at 425-255-4542 for a free
telephone consultation with a family law lawyer for help regarding your
marriage, divorce (contested or uncontested), custody, complex property division,
child support and maintenance, adoption, estate plan or
probate. We offer inexpensive (cheap) discount package deals and for our wills,
simple will and estate
planning documents. We offer a Christian perspective in our practice, yet
are aggressive in protecting your rights. Our attorneys are licensed to practice only in the State of Washington,
and are easily accessible to the greater Seattle area.
Serving both male and female clients in the Seattle, King County, WA area, including the communities of Kent, Renton, Tukwila, Southcenter, Seattle, Auburn, Bellevue, Mercer Island, Federal Way, Des Moines, SeaTac, Burien, Fairwood,
Cascade, Covington, Newcastle, Normandy Park, Issaquah, Factoria, Black Diamond, Algona, Covington, Fall City, Hobart, Medina, North Bend, Pacific,
Buckley, Highline, Wilkeson, Newport Hills, Clyde Hill, Coal Creek, Fox
Island, Gig Harbor, Rainier Beach, Rainier Valley, Bryn Mawr, Redondo, Covington, Kent Kangley,
Cougar Mountain, Preston, Ravensdale, Kanaskat, Palmer, Cumberland, Redondo,
Midway, Georgetown, Riverton Heights, McMicken Heights, Eastgate, Kennydale, Medina,
Overlake, Microsoft, Paccar, Kenworth, East Renton Highlands, Preston, Kent East Hill, Lake Meridian,
Green River, Star Lake, Lake Sawyer, Duwamish, Seward Park, Columbia City, Georgetown, Holly Park, Sodo, Sammamish, Seahurst, Snoqualmie,
Soos Creek, Emerald Downs, Muckleshoot, Twin Lakes, Skyway,
Bellevue, Enumclaw and most of south King County, WA. This includes zip
codes of 98055, 98056, 98057, 98058, 98059, 98030, 98031, 98032 98042,
98038, 98040, 98045, 98168, and 98188, and area codes of 206, 253, and 425,
. We represent clients
from Boeing, Microsoft, Starbucks, Costco, Weyerhaeuser, Valley Medical
Center, various hospitals and insurance companies, T-Mobile, and many other employers. We serve clients of all
nationalities and ethnicities, including African American, Native American,
Asian, Hispanic, Latino, Caucasian, black, Indian, Korean, Japanese,
Russian, Italian, Vietnamese, Pacific Islander, Philippine, Irish, English, French, German, and Chinese.
We receive clients of all faiths and religions, including Christian, Islam,
Hindu, Buddhist, Muslim, Judaism, Baha'i, New Age, Scientology, Mormon, LDS Catholic, Protestant,
Presbyterian, Baptist, Methodist, Pentecostal, Charismatic, Foursquare,
Evangelical, Assembly of God, Jehovah Witness, Episcopal, Foursquare,
Lutheran, Bible, Pentecostal, Orthodox, Adventist, Unitarian, atheist, secularist, and agnostic. We also represent clients who are
members of labor unions (Teamsters, AFL-CIO, Teachers Union, NEA), unemployed or stay-at-home parents,
members of service organizations (Lions, Masons, Rotary, Shriners,
AARP, etc), Democrat and Republican, veterans and military personnel. Please call to talk to an affordable
(inexpensive) Washington state family law attorney / lawyer for help about your divorce (contested or uncontested),
complex property division, simple wills, probate or other legal issue.
For other external web sites
regarding our firm, please visit
Meet the Elite,
Justia Legal Services,
Merchant Circle,
Insider Pages,
GetFave,
LawyerListing,
LawyerIntl,
OttawaDivorce,
AboutUs,
Cornell,
EiNet.
Site Map
MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
|
