Divorce can be challenging, especially when parties cannot agree on the settlement terms. Whether regarding the distribution of assets, child custody, or other issues, disputes can be stressful and may cause a divorce to take longer than it should. Mediation is an alternative to traditional litigation that allows parties to facilitate resolution with the help of an impartial third party. Mediation is useful in divorce cases as well as in other family law matters, such as modifications to a parenting plan. An experienced family law attorney will advocate for your interests in difficult matters through the use of mediation.
What is Mediation?
Mediation is a type of alternative dispute resolution (ADR) that offers a way to resolve disagreements between parties. Mediation can resolve a dispute to prevent it from progressing to court. Mediation utilizes an objective third party to facilitate resolution. A mediator is typically a professional with training and experience in dispute resolution. Mediators are different from arbitrators in that mediators do not make decisions about the outcome of the dispute. Instead, they help parties negotiate a settlement that is agreeable to both.
Does the Law Require Mediation?
Washington law encourages parties to utilize mediation to resolve matters. However, some counties within the state mandate mediation in family law matters, such as divorce. King County is one that requires ADR in divorces. Although there are several types of ADR, mediation is the most common type used in divorce cases. When a county requires mediation, parties must abide by the law unless they obtain a waiver. It is best to verify the laws that pertain to your jurisdiction.
ADR Requirement in King County
King County has a Local Family Law Rule (LFLR 16) that requires Alternative Dispute Resolution “except in cases involving domestic violence, child support only modifications (RCW 26.09.175) or where waived by a court order”. Parties must participate in the ADR process no later than 30 days prior to trial. Parties must come to the meeting prepared with all the necessary documentation regarding the divorce or other family law matters.
In addition, parties must provide documentation to the mediator at least two business days prior to the date of the conference. Parties are obligated to act in good faith. There are specific requirements in place, so it is best to prepare in advance. The types of documentation you need to provide depend on the nature of the dispute. A knowledgeable family law attorney will help guide the process and ensure you are properly prepared for the meditation conference.
Waiving Mediation Requirement
To waive mediation, a party must request it through a court motion, and the judge must grant a waiver by court order. You must have a valid reason for wanting to waive mediation. A waiver may be granted in some limited circumstances. One of the most common reasons for skipping mediation is when there are allegations of domestic violence or when there is an order of protection in place. In those instances, the parties should likely not be forced to try to work together in mediation.
Benefits of Mediation
Mediation offers some important benefits. First and foremost, mediation can make the divorce process easier and less stressful for all parties. A mediator can be easier to talk to than your spouse and can provide some unbiased insights into the situation. Using mediation can resolve even difficult problems rather quickly and, therefore, can save time. Mediation is done privately, and the discussions cannot be used in court. Parties have more control over the outcome of the dispute rather than allowing a judge to resolve the matter.
Mediation is also a way to preserve the relationship between parties. A mediator works to restore and maintain relationships so couples can stay positive. Mediation is a tool that ensures that the children’s best interests are put first. Couples are encouraged to look at their own positions and make choices based on the best interests of the children. A mediator often comes up with new or unique solutions that the parties may not have thought of before.
What Method Do Mediators Utilize?
Mediators utilize a variety of proven methods to facilitate dispute resolution. Sometimes, the parties attend the conference together, while other times, the mediator may conduct negotiations with the parties in separate rooms. In this case, the mediator alternates between rooms to discuss issues privately with each party. This method may help to make resolutions easier since parties do not hear what the other party says. A skilled mediator will be able to help parties make compromises that will get them each closer to agreement.
How Long Does Mediation Take?
Mediation can often be accomplished in one or several sessions. A full-day conference may produce excellent results as both parties are devoted to resolving the matter during this time frame. Mediation can be done at any time but is often the most successful when it is scheduled a month or two prior to trial. If you wait any longer than that, you may lose the financial benefit of settling the case before you get to court. When you find that you and your spouse have encountered a difficult dispute, it is a good idea to seek professional assistance. Your attorney can help schedule a mediation conference.
Do I Need an Attorney for Mediation?
It is usually advisable to have a skilled family law attorney advocate for you through the mediation process, although it is not a requirement. Your lawyer will help you prepare for the conference and will be at your side during the mediation conference. Your attorney will help you work through minor disagreements and will often be the first to know when a particular issue may be reaching an impasse. Your lawyer may suggest mediation when the discussions between parties have stalled.
Mediation is a useful tool that may help to get a divorce or other family law matter unstuck and on the path towards an agreeable solution. To learn more about mediation as an alternative to traditional litigation, contact our legal team at View Ridge Family Law & Estate Planning at (206) 237-5604 to schedule a consultation today.
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