Enforcement and compliance matters involve concerns about performance under orders or agreements and ways to address non-compliance. These matters focus on how existing obligations have been carried out and how compliance can be ensured, or non-compliance can be remedied, in a manner that is workable going forward.
How Mediation Helps In This Context
Participants can address performance issues and evaluate options for ensuring ongoing compliance, remedying non-compliance, including, for example, structured or graduated steps tied to verification and timing. Documentation can include dates, proofs of performance, and simple escalation paths if problems recur.
Common Issues
- Payment timing and amounts
- Document exchange and disclosures
- Parenting time adherence and exchanges
- Procedures for addressing recurring compliance issues
Some Considerations For Counsel Preparing For Mediation
- Identify the performance history and specific areas of noncompliance
- Identify the information or documentation needed to verify performance
- Consider structured steps that would support compliance going forward
- Identify how performance will be verified and documented