Filing for divorce can feel overwhelming, bringing emotional pain and financial stress. Traditional court fights often make things worse, draining your energy and resources. Court fights also remove any control you have over the outcome. Fortunately, divorce mediation offers you a less stressful path.
Mediation is a collaborative, confidential, and cost-saving form of alternative dispute resolution (ADR) that can help resolve family law disputes, potentially avoiding lengthy courtroom battles.
Does state law require mediation?
Mediation involves a neutral third party who helps you and your spouse discuss and resolve issues. Mediators facilitate negotiations on issues like dividing assets and debt, setting child support and creating a parenting plan.
State law strongly encourages ADR, including mediation. While Washington does not make it mandatory statewide, the requirements differ county-by-county:
- King County and Snohomish County have local rules that mandatorily require parties in contested family law cases to participate in a form of ADR, such as mediation, before proceeding to trial, unless a waiver is granted.
- This requirement ensures that you attempt to reach an agreement before seeking a judge’s decision.
You should always check your local court’s rules or consult with a lawyer to understand the specific requirements for your county.
The process and the mediator’s role
A mediator acts as a neutral guide, not a judge. They work to ensure fairness, keep discussions on track, and help both you and your spouse explore creative solutions. It is crucial to remember that the mediator does not take sides, give legal advice or make final decisions for you. You and your spouse control the final agreement.
The process usually involves:
- Selecting a qualified mediator
- Preparing your financial documents and proposals for settlement
- Attending sessions, sometimes using a “shuttle” approach where parties stay in separate rooms
- Formalizing the agreement into a document, which is later converted into orders submitted for court approval
Mediation’s flexible process allows you to customize the outcome to fit your family’s unique needs, especially when co-parenting.
An attorney’s role: Advocate or guide
You often bring your own attorney to mediation sessions. Your lawyer acts as your advocate. They advise you on the legal consequences of settlement terms, analyze proposals, protect your rights and negotiate on your behalf.
While Washington state law does not mandate a statewide certification for all mediators, those appointed through or approved by the Superior Court for contested family law matters, particularly for parenting plans, must typically meet strict training and experiential requirements set by the local court. They are not required to be a lawyer.
However, some attorneys are trained in dispute resolution and serve as mediators. When they take this role, their function is strictly neutral; they cannot give legal advice to either party. Still, their legal background can be a significant advantage, as it enables them to guide discussions effectively and ensure that your final agreement follows Washington law, helping you avoid legal problems later.
Move forward with confidence
Mediation gives you greater privacy, control, and efficiency compared to the stressful litigation process. You have the power to shape your own future. An experienced divorce attorney can help you determine whether mediation is right for your specific case and whether your county requires it before going to court.