Divorce Mediation

In terms of mediation in Washington State, virtually all the counties in our state require mediation prior to the point in time where you can proceed to trial. It’s really where the rubber meets the road and things happen in domestic matters in our state.

I would say probably 85–90% of the cases that we deal with are sorted out in a mediation setting as opposed to some sort of trial setting. Not many of these cases go to trial. Most of them get done in mediation.

The process itself is handled as follows. Typically, the attorneys involved will generally select a neutral third-party mediator. That can be another attorney who has a mediation practice, maybe a retired judge, and that mediator will schedule a time where we spend together going over the case and reviewing the materials.

Both parties would submit written materials in advance to the mediator. The mediator would separate the parties, so they would be in two separate rooms, and the mediator would shuttle back and forth between those rooms during the course of the day in an effort to facilitate a resolution.

The mediator’s not there to decide anything. They’re there to see if they can facilitate a conclusion to the case. And if so, we enter into a written agreement that so reflects.