How to Use the Dispute Resolution Clause in Your Parenting Plan

The dispute resolution provisions in a parenting plan are meant to provide a quick and easy way to resolve disputes about the implementation of that plan. All too often, however, parents get bogged down in the details, or don't know how to get "unstuck" when the process falters. Here's what to do.

Identify the Problem

What kind of dispute are you having with the other parent? Do you disagree on the interpretation of the residential schedule? Have you both scheduled a vacation on the same date? Do you disagree about a major decision for your children (e.g. what school to attend)? Remember, if you want to change the terms of the parenting plan, dispute resolution is not necessarily the right process. In that case, you should consider whether a modification of the plan is appropriate.

Check Your Plan for a Description of How to Start the Process

Once you are clear that you need dispute resolution, check the provisions of your parenting plan (if you don't have a copy, you can get a copy at the courthouse where it was originally entered) to see how you notify the other parent that you are requesting this process. Usually, you provide notice by written request, email or certified mail, and the process requested is counseling, mediation or arbitration.

Contact the Neutral Party Listed as Your Dispute Resolution Professional

Your plan may specify a particular counselor, mediator or arbitrator, or an organization to provide dispute resolution. Make contact with that individual and find out their availability for dispute resolution. Get several different dates to offer to the other side. Consider whether the matter can be handled briefly or by telephone.

Contact the Other Parent with Your Request for Dispute Resolution

Using the designated method to give notice, send your request for dispute resolution to the other parent. Provide him or her with the potential dates you obtained from your mediator in Step 3 and ask them to select a date or propose another date within five business days (there's no law on this, but it's a reasonable request).

Participate in Dispute Resolution

Once dispute resolution is scheduled, your mediator will tell you what materials to provide to him or her and how to participate in the process. Remember--dispute resolution is a process to be followed, not a guarantee of the resolution of an issue. It is also supposed to be a quick and easy process.