Q: I want to write a settlement agreement with my ex-wife, that would include a provision that any future dispute must be handled by arbitration and not in Family Court. If she would violate the settlement and take a future matter to the court, will the court honor our agreement and make her go to arbitration?
A: David's Answer: You can have a mediation clause in a settlement agreement - but you cannot completely preclude either party from ultimately going back to court if mediation fails. You can made mediation a precondition to filing a modification petition in Family Court, however. Schedule a consultation with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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