Alternate Dispute Resolution

Question 1

Arbitration

Answer 1

If parties agree in writing, the court may refer a suit for dissolution of marriage to arbitration. The parties must state in the agreement if it is binding or non-binding.

Parties may agree or court can order mediation.

For it to be binding: (1) the parties must agree that the settlement is not revocable (2) each party must sign the agreement; and (3) each party’s attorney, if any, who is present at the settlement just sign the agreement.

If MSA meets these requirements, a party is entitled to a judgment on the agreement.

Question 2

Collaborative Family Law Act

Answer 2

This is a good faith attempt to resolve a dissolution of marriage without judicial intervention. It must be:

1) in a record
2) signed by the parties
3) state the parties’ intent to resolve a collaborative family law matter
4) identify the collaborative lawyer who represents each party; and
5) contain a statement by each collaborative lawyer confirming the lawyer’s representation of a party in the process

For the CLA to be effective it must include provisions for:

1) suspension of judicial intervention; and
2) jointly engaging any professionals, experts, or advisors serving in a neutral capacity, unless otherwise agreed in writing

**If agreement in bold-faced, caps, or underlined statement that the agreement is not subject to revocation, and is signed by each party & attorney, each party will have a right to judgment.

Question 3

Informal Settlement Conference

Answer 3

Can be done with or w/o attorneys present. It will be binding if:

1) Prominently provides that the agreement is not subject to revocation;
2) Is signed by each party to the agreement; and
3) IS signed by the party’s attorney, if any, who is present at the time the agreement is signed.

A party is entitled to judgement on the settlement agreement if it meets all of these requirements and the court finds that the terms are just and right.