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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-08-2017, 10:04 PM
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Default Binding arbitration in agreement

Still no agreement in sight. Sigh.
Ex is playing the game of "I'm going to make you wait about 5 days for my response" after every negotiation email I send, meanwhile completely shooting himself in the foot by doing so as this is dragging on forever and preventing his increased access. Not the brightest bulb I guess. But he's sure showing me!! Wink wink.
My question now is: we are having trouble agreeing on what should happen if/when the kids sports costs increase. My daughter in particular has already been asked to advance in her sport and put in more of a commitment. The ex doesn't want to get locked into any additional fees beyond the "agreed upon", and though he's talking about supporting her future move to competitive sport monetarily (he's even said he'd pay half), I don't actually trust that this will happen when it's all signed and done. I have to agree with him that neither party can hold the other to paying for a sport they don't agree to; however, the mediator suggested maybe putting a binding arbitration clause in the event that we disagree on something that is a big opportunity for one of the kids that one parent is preventing by refusing to contribute towards. Ie. we agree to one hour of mediation on the issue, after which the mediator makes the decision and can award costs as well.

Can anyone see any downside of this? Does anyone else have a clause like this in their agreement to address future costs that aren't agreed upon at the moment?



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Old 11-08-2017, 10:31 PM
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of course no agreenent. why should he agree to have his kids 35% of the time and that you dictate his wedding?

S7 expenses are to be agreed upon in advance. you may be able to put in order how education will be figured out but not sports. you can't force him to binding arbitration. you can put a clause that you guys will discuss and agree in advance and that his consent can't unreasonably be withheld.

You could out further clause that you guys will try mediation before returning to court in case of any further issues.

I like to take my sweet ass time responding to emails/texts from ex....if they warrant a response.

Last edited by trinton; 11-08-2017 at 10:35 PM.
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Old 11-08-2017, 10:40 PM
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Binding arbitration is an excellent idea. I don't know why people don't go this route more often.... assume people prefer drama and high legal costs and lengthy wait with court conferences.

Arbitration favors decisions that are fair and common-sense IMO. The trick is to get your ex to agree to this and that might be difficult because he seems to be anything but honorable. Good luck on that.
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Old 11-10-2017, 06:10 PM
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Quote:
Originally Posted by arabian View Post
Binding arbitration is an excellent idea. I don't know why people don't go this route more often.... assume people prefer drama and high legal costs and lengthy wait with court conferences.

Arbitration favors decisions that are fair and common-sense IMO. The trick is to get your ex to agree to this and that might be difficult because he seems to be anything but honorable. Good luck on that.


Thanks Arabian. He is apparently going to go for it! Hopefully this will not be needed but you never know. Maybe this will be the last hurdle and we can get an actual agreement in place.


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