Arbitration clause


#1

Have marital settlement UNINCORPORATED with final divorce agreement. Ex husband has breached…Did what you said and sent demand for mediation letter, no answer. Sent Demand for binding arbitration letter as per clause in contract as way to settle. No answer. I know I now need to file Breach of contract.

  1. If contract calls for Mediation and then Binding arbitration, will my filing a Breach of contract cause it to then get settled in court, or will the court make him now arbitrate?

#2

Breach of contract is typically remedied via specific performance of the contract. This means that the court will order him to do whatever it is that he is not doing. So, while I can never predict the outcome of any one case, the court would likely order your ex to complete arbitration.