As difficult as a divorce decree might be to achieve, it can end up being even more difficult to enforce. Whether it’s neglect in paying off debts or a failure to divide a retirement plan, agreements reached in the heat of a divorce settlement are often ignored (whether intentionally or unintentionally) after the dust of the battle finally clears. The result is a decision that isn’t an easy one to make, particularly if a couple is co-parenting children and wants to keep their relationship as amiable as possible for that reason.

That decision is to either request that the court hold the ex-spouse in contempt or find another way to deal with the negligence, such as mediation to enforce the divorce decree. Obviously, many people find the latter route more appealing, especially if it includes maintaining a relationship with each other that has some semblance of respect.

When initiating mediation under such circumstances, it’s important for the negligent spouse to realize that he or she could be held in contempt. With this realization, along with the details of what such a judgment could mean, the negligent spouse will be much more willing to approach the mediation procedure without hostility. Learning that contempt of court is a criminal proceeding can be just the incentive needed to get the ball rolling in a successful mediation process.

There are instances, however, when (for whatever reason) one spouse might be willing to accept the criminal consequences of failing to follow a divorce decree. In such circumstances, mediation is likely to be a more difficult task, since hostility is already present to a large degree. In situations like these, it might befit the progression of the talks to explain that the court can also seize property to satisfy the decree. When this happens, the courts can appoint a receiver to seize the property, sell it, and use the proceeds of that sale to pay the ex-spouse what is decreed.

Put simply, mediation to enforce a divorce decree that has been neglected can be an easy process or a complicated process, depending on how well the clients understand what is at stake if they fail to resolve the matter in mediation. Usually, if the mediator makes a point to show the reality of the situation as seen through the eyes of a court of law, tensions will turn into cooperation quickly. This dialogue should be the primary and initial goal of the mediation proceeding—the result of the mediation will more often than not depend on how well this first goal is accomplished.