Understanding Mediation in Washington State

Mediation is an alternative dispute resolution process that allows parties to negotiate legal issues outside of court with the assistance of a neutral third party. Unlike arbitration, mediation does not involve a decision-maker; instead, the mediator facilitates discussion and helps parties reach a mutually acceptable agreement.

Benefits of Mediation

Mediation empowers individuals to retain control over their dispute resolution process. The parties decide when and where mediation occurs, who participates, and how fees are handled. This process is often faster and more cost-effective than litigation.

Who Should Consider Mediation?

Mediation is beneficial for parties who are willing to negotiate, even if they have disagreements. It can be particularly helpful in divorce cases where both spouses are open to discussing child custody, asset division, and other major issues. Even when parties are far apart in their positions, mediation can still lead to full or partial agreements.

Mediation and Child Custody

Child custody is often one of the most sensitive issues in divorce mediation. Parents present their proposed custody arrangements, and the mediator helps identify areas of agreement and dispute. If an agreement is reached, a parenting plan is drafted. If mediation is unsuccessful, discussions and documents from the mediation process are protected under Evidence Rule 408 and cannot be used in court.

Partial and Temporary Agreements

Mediation allows for flexibility in resolving disputes. Even if parties do not agree on all terms, they may find common ground on certain issues, such as selling a shared home or a temporary custody arrangement. These agreements can serve as a foundation for future negotiations or litigation.

Legal Representation in Mediation

Although mediation is a collaborative process, having legal representation is advisable. Attorneys can review agreements to ensure they align with a party’s best interests and comply with Washington State laws.

Seeking Mediation Assistance

At Bruner Anderson Law Group, LLC, we offer guidance through the mediation process, helping clients navigate complex family law issues while working toward amicable resolutions.

Contact us today to discuss whether mediation is the right option for you.