In their divorce document, the parties agreed to resolve certain problems with their parenting schedule through arbitration. Father filed a motion to compel arbitration. Father had been sending emails to Mother. He complained about how often she took away his time with the children.
Mother argued that there was no “clearly defined conflict”. There was no real problem for the arbitrator to settle. Court agreed with Mother. Arbitration was not then required.
Father appealed. He challenges the trial court’s reasoning. He never proposed a specific change to the parenting schedule. So, the court said there was no controversy to settle. Father argues that the law does not require that he spell out a suggested resolution of the issue before he is entitled to arbitration.
The Appellate Court recognized that there was a clear problem. The arbitrator did have something to settle between Mother and Father. Father said that Mother was wrong to take away his parenting time. Mother felt she was in the right. She felt that there was no conflict with what she was doing. An obvious conflict as they did not agree.