How can I get him to go to arbitration?


#1

I have been divorced 4 years. We recently amended our agreement through arbitration. We are having a new disagreement about the new arbitration agreement. We have emailed back and forth and no one is changing their opinion. He benefits by doing nothing and maintaining his position. I believe he is not contributing financially according to this new arbitration agreement. I have asked that we meet with an arbitrator to resolve this. He will not submit names of arbitrators and is doing nothing. He benefits by doing nothing. It is my understanding if there is a disagreement then it is my right to request arbitration. His lawyer wrote a letter stating his opinion on the items and summarized with there is no disagreement. We don’t agree so that is a disagreement. What can I do to get him to arbitration? Is there a form I can file with the courts requesting arbitration or requesting a court date since he is not following the arbitration agreement in allowing my voice on this disagreement? Thanks in advance


#2

Did you attend mediation or arbitration? Did you sign any documents, and if so, what documents did you sign? If he isn’t abiding by the terms of a contract or separation agreement you can sue him for breach of contract; if he isn’t abiding by the terms of a court order, you have to file a motion for contempt. If you have no signed agreement/court order then you can file a lawsuit.


#3

Thank you for responding. After the divorce, we recently went to arbitration. New guidelines/rules have been established through the arbitration which has been filed in court. It is my belief that the X is not following the arbitration agreement. I have asked him to return to arbitration but he refuses. He benefits by doing nothing as I believe he owes me money for costs associated with my child. In the arbitration agreement, it states that parties shall conduct any further arbitration pursuant to the NCFLAA. There are no statements in the arbitration agreement on how to solve disputes. So, I looked back at our original agreement and it has a paragraph about enforcement. If either party fails in the due performance of his or her obligations hereunder, in addition to any other remedy that my be available to him or her at law, either party shall have the right, at his or her election, to sue for specific performance of this agreement. The breaching party shall pay the costs of any such legal remedies, including reasonable attorney’s fee. Nothing herein contained has been construed to restrict or impair either party’s right to exercise this election.

So, my question is since he is refusing arbitration voluntarily do I then file a breech of the arbitration agreement which I am presuming is now part of the divorce agreement. Is that correct? What court document would I file?


#4

Yes, based on what you explained it sounds like you would need to institute a breach of contract action. You do this by filing and serving a complaint for breach of contract.