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Alternative Dispute Resolution

Quick Facts

Not all custody cases are eligible for parenting time ADR.
Purpose of parenting time ADR is to speed the child custody process.
ADR process confidential.

Parenting Time Expeditor

At the request of either parent in a child custody case, the parents' stipulation, or on the court's own motion, the court may appoint a parenting time expeditor to resolve parenting time disputes that arise out of a parenting time order while a matter is pending or after a decree of dissolution is entered.

Exceptions

A parent cannot be required to refer a parenting time dispute to a parenting time expeditor if:

one parent claims to be the victim of domestic abuse by the other parent;
the court determines by probable cause that one of the parents or a child of the parents has been physically abused or threatened with physical abuse by the other parent; or
the parent is unable to pay the costs of the expeditor.

If the court is satisfied that the parents have been advised by counsel and have agreed to use the parenting time expeditor process and the process does not involve face-to-face meeting of the parents, the court may direct that the parenting time expeditor process be used.

Purpose & Definitions

The purpose of a parenting time expeditor is to resolve parenting time disputes by enforcing, interpreting, clarifying, and addressing circumstances not specifically addressed by an existing parenting time order and, if appropriate, to make a determination as to whether the existing parenting time order has been violated. A parenting time expeditor may be appointed to resolve a onetime parenting time dispute or to provide ongoing parenting time dispute resolution services.

A parenting time dispute is a disagreement between parents about the parenting time of a child, including a dispute about an anticipated denial of future scheduled parenting time. Parenting time dispute includes a claim by a parent that the other parent is not spending time with a child as well as a claim by a parent that the other parent is denying or interfering with parenting time.

A parenting time expeditor is a neutral person authorized to employ an alternative dispute resolution process, such as mediation, to resolve parenting time disputes. A parenting time expeditor attempts to resolve a parenting time dispute by facilitating negotiations between the parents to promote settlement and, if it is apparent that the dispute cannot be resolved by an agreement of the parents, then the parenting time expeditor makes a decision resolving the dispute.

Appointment

The parents may stipulate to the appointment of a parenting time expeditor or a team of two expeditors without appearing in court by submitting to the court a written agreement identifying the names of the individuals to be appointed by the court; the nature of the dispute; the responsibilities of the parenting time expeditor, including whether the expeditor is appointed to resolve a specific issue or on an ongoing basis; the term of the appointment; and the apportionment of fees and costs. The court reviews the agreement of the parents.

If the parents cannot agree on a parenting time expeditor, the court provides to the parents a copy of the court administrator's roster of parenting time expeditors and requires the parents to exchange the names of three potential parenting time expeditors by a specific date. If after exchanging names the parents are unable to agree on a parenting time expeditor, the court selects the parenting time expeditor and, in its discretion, may appoint one expeditor or a team of two expeditors. In the selection process the court must give consideration to the financial circumstances of the parents and the fees of those being considered as parenting time expeditors.

Preference is given to expeditors who agree to volunteer their services or who will charge a variable fee for services based on the ability of the parents to pay for them.

An order appointing a parenting time expeditor must identify the name of the individual to be appointed, the nature of the dispute, the responsibilities of the expeditor, whether the expeditor is appointed to resolve a specific issue or on an ongoing basis, the term of the appointment, the apportionment of fees, and notice that if the parents are unable to reach an agreement with the assistance of the expeditor, the expeditor is authorized to make a decision resolving the dispute that is binding on the parents unless modified or vacated by the court.

Fees of the Expeditor

Before appointing the parenting time expeditor, the court gives the parents notice that the fees of the expeditor will be apportioned between the parents. The court apportions the fees of the expeditor among the parents, with each parent bearing the portion of fees that the court determines is just and equitable under the circumstances. Neither parent is required to submit a dispute to a visitation expeditor if the parent cannot afford to pay for the fees of an expeditor and an affordable expeditor is not available, unless the other parent agrees to pay the fees. Once fees are incurred, a parent may request that the fees be reapportioned on equitable grounds. The court may consider the resources of the parents, the nature of the dispute, and whether a parent acted in bad faith. The court may consider information from the expeditor in determining bad faith.

Roster of Parenting Time Expeditors

Each court administrator maintains and makes available to the public and judicial officers a roster of individuals who are available to serve as parenting time expeditors, including each individual's name, address, telephone number, and fee charged. If the use of a parenting time expeditor is initiated by stipulation of the parents, then they may agree on a person to serve as an expeditor even if that person has not completed all of the required training. The court may appoint a person to serve as an expeditor even if the person is not on the court administrator's roster but may not appoint a person who has not completed the training unless so stipulated by the parents.

Agreement or Decision

Within five days of notice of the appointment, or within five days of notice of a subsequent parenting time dispute between the same parents, the parenting time expeditor will meet with the parents together or separately and will make a diligent effort resolve the dispute. If a parenting time dispute requires immediate resolution, the parenting time expeditor may confer with the parents by way of a telephone conference or similar means. An expeditor may make a decision without conferring with a parent if the expeditor made a good faith effort to confer with the parent, but the parent chose not to participate in resolution of the dispute.

If the parents do not reach an agreement, then the expeditor will resolve the dispute within five days after receiving all information necessary to make a decision and after the final meeting or conference with the parents. The expeditor is authorized to award compensatory parenting time and may recommend to the court that the noncomplying parent pay attorney fees, court costs, and other costs, if the parenting time order has been violated. The expeditor does not lose authority to make a decision if circumstances beyond the expeditor's control make it impracticable to meet the five-day timelines.

Unless the parents mutually agree, the parenting time expeditor shall not make a decision that is inconsistent with an existing parenting time order but may make decisions interpreting or clarifying a parenting time order, including the development of a specific schedule when the existing court order grants reasonable parenting time.

The expeditor makes the agreement or decision in writing and provides a copy to the parents. The expeditor may include or omit reasons for the agreement or decision. An agreement of the parents or a decision of the expeditor is binding on the parents unless vacated or modified by the court. If a parent does not comply with an agreement of the parents or a decision of the expeditor, then the other parent may bring a motion to force compliance. The court may enforce, modify, or vacate the agreement of the parents or the decision of the expeditor.

Other Agreements

The parents may voluntarily agreeing to submit their parenting time dispute to a neutral third party or otherwise resolve parenting time disputes on a voluntary basis.

Confidentiality of Process

Statements made and documents produced as part of the parenting time expeditor process which are not otherwise discoverable are not subject to discovery or other disclosure and are not admissible into evidence for any purpose at trial or in any other proceeding, including impeachment. This is done to try to promote full disclosure and honesty between the parents.

Sworn testimony may be used in subsequent proceedings for any purpose for which it is admissible. Parenting time expeditors, and lawyers for the parents to the extent of their participation in the parenting time expeditor process, must not be subpoenaed or called as witnesses in court proceedings. The expeditors and lawyers are protected to ensure that the parents' rights are fully protected.

Notes, records, and recollections of parenting time expeditors are confidential and must not be disclosed to the parents, the public, or anyone other than the parenting time expeditor unless:

both parents and the expeditor agree in writing to the disclosure; or
disclosure is required by law or other applicable professional codes.

Notes and records of parenting time expeditors must not be disclosed to the court unless after a hearing the court determines that the notes or records should be reviewed in by the judge in private and off the official record, usually for determination of whether the documents are admissible.

Those notes or records must not be released by the court unless it determines that they disclose information showing illegal violation of the criminal law of the state.

Immunity of the Expeditor

A parenting time expeditor is immune from civil liability for actions taken or not taken when acting his or her authorized capacity.

Removal of the Expeditor

If a parenting time expeditor has been appointed on a long-term basis, a parent or the expeditor may file a motion seeking to have the expeditor removed for good cause shown.

Mandatory Parenting Time Dispute Resolution

A judicial district may establish a mandatory parenting time dispute resolution program. In a district where a program has been established, the parents may be required to submit parenting time disputes to a parenting time expeditor as a prerequisite to a motion on the dispute being heard by the court, or either parent may submit the dispute to an expeditor. A parent may file a motion with the court for purposes of obtaining a court date, if necessary, but a hearing may not be held until resolution of the dispute with the parenting time expeditor.