If either parent feels that a decision made under the parenting plan is contrary to the best interests of the children, that parent may arrange for help in resolving the dispute through one of the following methods: mediation, arbitration, counseling or court action.
Mediation is a process where the parents meet with a person called a mediator, who is a professional skilled in helping two parties to a dispute reach mutually beneficial decisions. Mediation usually takes place in an informal setting such as an office or conference room. A written record must be prepared of any agreement reached in mediation and each party must receive a copy.
Counseling might take place in front of someone licensed by the state to counsel the parties regarding their mental health, such as with a psychologist or psychiatrist, or perhaps through a marriage counselor or religious leader. A written record must be prepared of any agreement reached through counseling and each party must receive a copy.
Arbitration is a process somewhat like court where the parties present their positions to an arbitrator. An arbitrator is a person who has expert knowledge in the area of dispute, such as custody or visitation. The parties must pay the arbitrator directly. Arbitration usually takes place in an office or conference room but may also take place in a setting much like a courtroom. After receiving the information from both parties, the arbitrator will write a decision called an arbitration award. A written record must be prepared and a copy of the arbitration award must be provided to each party.
Court Action. The type of court action depends on what a parent is attempting to do. Two examples might be: (1) an Order to Show Cause if a parent feels that there has been a violation of the current order. The court is asked to review what the other parent is doing and to enter a judgment, hold the other parent in contempt, or otherwise enforce the order. Note that with an Order to Show Cause your court may make you attempt mediation before allowing you to present your issues in a hearing. (2) a Petition to Modify if the current order is not working because the circumstances have changed. The court is asked to review the current situation and make a modification to the order because there has been a substantial and material change in circumstances.
If Mediation, Arbitration or Counseling are chosen then no dispute may be presented to the Court concerning your children without a good faith attempt by both parents to resolve the issue through the dispute resolution process contained in the final parenting plan adopted by the Court. If the Court finds that a parent has used or frustrated the dispute resolution process without good reason, the court may award attorney's fees and financial sanctions to the prevailing parent. The Court has the right of review from the dispute resolution process.