Hello, I have the following situation:
- Divorced a few years ago with divorce order in place
- Order specifies med-arb resolution (primary and secondary arbitration), but no agreement with mediator/arbitrator has been signed
- Issue has come up regarding discrepancy in support in the last few years resulting in overpayment
- The other party was notified of my intend to mediate to apply the overpayment to future support/s7 and has co-chosen mediator/arbitrator with me
- They, however, refuse to sign the agreement with the med-arb. I take it the onus is on me to move things further in this case.
What are my next steps? I gather a court motion is in order (15 motion to change, 14a affidavit, financial statement?).
- Can I ask for the med-arb clause from the divorce order to be stricken due to non-compliance by the other party? What is the chance it will be granted?
- Can I simultaneously ask to proceed with the issues in court, or would that require another motion?
- Will this be sent back to mediation/arbitration? I can't see how the court can make the other party agree to sign the agreement with the mediator/arbitrator.
- Or should I pursue any other ways?
Much obliged.
- Divorced a few years ago with divorce order in place
- Order specifies med-arb resolution (primary and secondary arbitration), but no agreement with mediator/arbitrator has been signed
- Issue has come up regarding discrepancy in support in the last few years resulting in overpayment
- The other party was notified of my intend to mediate to apply the overpayment to future support/s7 and has co-chosen mediator/arbitrator with me
- They, however, refuse to sign the agreement with the med-arb. I take it the onus is on me to move things further in this case.
What are my next steps? I gather a court motion is in order (15 motion to change, 14a affidavit, financial statement?).
- Can I ask for the med-arb clause from the divorce order to be stricken due to non-compliance by the other party? What is the chance it will be granted?
- Can I simultaneously ask to proceed with the issues in court, or would that require another motion?
- Will this be sent back to mediation/arbitration? I can't see how the court can make the other party agree to sign the agreement with the mediator/arbitrator.
- Or should I pursue any other ways?
Much obliged.
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