P-E-A-C-E in an Enforcement Action

An "modification action" involves the enforcement of some right established in a marital settlement agreement of some aspect of a completed divorce, custody, paternity or other family law issue. These proceedings involve the same emotions and issues as the initial action (divorce, paternity action, etc.) but with the reopening of old wounds. During this type of mediation, the main focus will be to identify the issues which a party feels have changed and are central to resolving the matter to reach an agreement on each issue that the parties can agree is fair and reasonable---acceptable to each party. These mediations tend to be more emotionally charged as one party will claim they have a right which has been violated.

As mediators, we do not make decisions: We are NOT judges nor are we present to make personal decision for either party. Instead, we are a neutral party who helps the parties understand their differences, reach an agreement and move on with their lives, knowing they have addressed the issues which arose during their marriage. In the context of Enforcement actions, it may entail helping one side understand the legitimacy of the change in the others life; while at the same time emparting on the other party the sanctity of the agreement or order in place.

The culmination of that effort is the preparation of an amended MARITAL SETTLEMENT AGREEMENT (and/or amended final judgment). This agreement will establish the revised post divorce financial structure and parenting restructuring. During mediation, we will prepare the amended written marital settlement agreement and/or amended final judgment, with, if present, the assistance of your attorneys or advisors.

Some parties are able to conclude all the matters at that time; some who come without an attorney or advisor request sometime to have it reviewed by an attorney-a reasonable request.

Both parties must agree to ALL TERMS of the revised Marital Settlement Agreement or amended judgment. Ultimately you and spouse will file the agreement which is presented to the court as part of the divorce petition.

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