Enforcing the SAPCR — a missed opportunity for mediation

As we know, the most frequently mediated cases tends to be in the area of family law. Divorce, modification of the terms of a SAPCR of the past, all impose a huge cost of money and emotion to achieve.

Then why don’t enforcement issues come to mediation? Is it due to the additional emotion (on top of all of the emotion of the past which may never have been resolved) or just that litigants don’t think about it. It’s probably some of both and perhaps the additional cost if it’s child support being sought by an obligee party who has waited to seek enforcement until the financial situation is dire.

The SAPCR enforcement is idea for pre-filing mediation. Why not try to resolve it before re-traumatizing everyone with fresh litigation which will also, no doubt, include the children where support or possession is involved.