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Family

What happens if parents can't agree on who to hire as an arbitrator or parenting coordinator?

TSL Written by the Treadstone Law team· Updated August 2026

Both arbitration and parenting coordination are voluntary, consent-based processes, so if the parents genuinely can't agree on who should fill either role, neither process can simply proceed with someone imposed on one of them against their will. In that situation, the option itself can stall, and the family may need to fall back on litigation, or continue trying to negotiate a mutually acceptable choice, sometimes with each parent's lawyer proposing candidates until a name both sides can accept emerges.

Some well-drafted arbitration agreements or parenting plans anticipate this problem in advance by building in a selection mechanism, such as each parent proposing candidates from a recognized roster, or agreeing that a mutually trusted third party, like a mediator, will help narrow the choice if the parents can't agree directly. This kind of advance planning can prevent an otherwise workable process from stalling entirely over the selection question alone. If you're setting up either arrangement, discussing a fallback selection mechanism with your lawyer now can avoid this problem down the road.

Key takeaways

  • Both processes are consent-based, so neither can proceed with an imposed choice one parent rejects.
  • Disagreement over selection can stall the option entirely, pushing the family back toward litigation.
  • Some agreements build in a selection mechanism in advance to avoid this problem.
  • Discuss a fallback selection process with your lawyer before you actually need one.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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