Wednesday, January 8, 2014

Can a settlement agreement include a provision that no party can return to family court but only to arbitration?

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 (

No comments:

Post a Comment