What to Expect During a Divorce Mediation in King and Pierce Counties

Marriages end for any number of reasons. Some spouses drift apart and find themselves having incompatible long-term goals, while other relationships deteriorate due to one spouse’s infidelity, abusive behavior, or substance abuse issues. No matter what the reasons are for seeking a divorce in Washington state, it’s helpful to understand your options for legally ending the marriage so that you can both walk away and into your separate bright and secure futures. According to the Washington State Department of Health, “Washington divorces have decreased steadily from 2000 to 2020.” However, thousands of couples file for divorce every year, so it’s important to recognize that the divorce process can take different shapes and forms depending on the specific needs and goals of each situation. For instance, couples who are completely aligned about the terms of their divorce may be able to complete the required paperwork and move forward relatively quickly, while more contentious divorces may require the intervention of the court. Most separations fall somewhere in between these options—which is where mediation comes in.

Essentially, the divorce mediation process allows the spouses to work through their disagreements with the guidance of a neutral third party, known as the mediator. Once the parties arrive at a divorce agreement that they both approve of, the mediator will file these documents with the court for its formal approval. Those interested in learning more about the potential benefits of divorce mediation in King County can discuss their needs and concerns with a highly qualified and experienced Seattle divorce and family law attorney who can help them identify the most strategic path forward. This post will explore how divorce mediation works in Washington, how to prepare for divorce mediation, and why enlisting the guidance of a caring divorce attorney can help you move through the process with greater understanding and ease.

Resolving Divorce Disputes in Mediation 

Understandably, the divorce process in Washington state requires the parties to make a series of significant decisions as they work to untangle their lives from one another. For instance, the parties will need to decide how to divide up their shared property and assets in a fair and equitable manner. If one party believes that a spousal maintenance agreement (also known as alimony) is necessary, the parties will need to address this issue and establish a fair arrangement. Divorcing parents will face additional considerations, such as establishing a parenting plan that determines with whom the child will reside and for how long (as well as visitation schedules, decision-making procedures, and other important details concerning the child’s well-being once the divorce is finalized). Emotions can run high during the divorce process, as you are likely coping with complex feelings of grief, loss, sadness, and even anger about the ending of this chapter of your life. When you participate in mediation, you can still shape the terms of your divorce, but you will have a trusted mediator to help you and your soon-to-be ex-spouse work through disagreements as they arise while facilitating open, honest, and productive communication. Unlike a judge, the mediator does not take sides or determine the outcome; instead, their role is to encourage the parties to collaborate and work toward a common goal. 

Preparing For Mediation: Documents and Goals

As you prepare for Pierce County family mediation or divorce mediation in King County, it’s helpful to understand the steps you can take to prepare for a smooth and successful session. Since the bulk of the mediation process will focus on arriving at an equitable division of your assets and debts, putting these types of documents together will keep the discussions and negotiations more focused and rooted in specifics. For instance, bringing bank statements, financial records, lists of assets and debts, and any other relevant documents will be useful to guide your conversations. Additionally, the mediator will ask you to identify your goals before the session begins so that you can revisit them along the way. Whenever a dispute arises during the mediation process, the mediator can direct your attention back to your stated goals so that you can move forward with greater commitment to achieving these desired outcomes. To learn more about what types of documents to bring with you to an upcoming mediation session, it’s best to work with your knowledgeable and caring Seattle divorce lawyer. 

Who Attends Mediation And What Happens During the Session

The Seattle divorce settlement mediation process is much less formal and costly than traditional litigation. If the parties cannot work out the details of their divorce on their own, they will likely be asked to participate in court-ordered mediation in Washington before the court will grant a family law trial. Since mediation occurs outside of the courtroom, fewer parties are involved and the experience tends to be more private and informal (which usually means that it feels less intimidating and stressful for the parties involved). Although attorneys are not required for mediation, their presence is customary and carries several benefits for both parties. A typical mediation session involves the mediator, the divorcing spouses, and their respective attorneys. Many mediators use what’s known as a shuttle approach, which has the two parties in separate rooms (with their attorneys) with the mediator “shuttling” settlement offers back and forth until an agreement is reached. The shuttle approach tends to reduce conflict and allows the mediator to encourage each party to work toward a shared goal. Once the divorce agreement is reached, the mediator will put it in writing and it will be filed with the court for its approval. 

The Role of the Mediator vs. the Role of Attorneys

Divorce lawyers represent the best interests of the spouse who enlists their services. That’s why one attorney cannot represent both spouses, as there is an inherent conflict of interest. During mediation, the attorney you work with will serve as your advocate, assessing the proposed terms of the agreement and, if necessary, countering with terms that are more fair and favorable to your situation. Ultimately, your Seattle divorce lawyer strives to ensure that you walk away from the marriage with the solid financial footing you need to enjoy a secure and bright future. In contrast, a divorce mediator’s role is to facilitate productive and respectful communication between the disputing parties, empowering them to shape the terms of their divorce. The mediator does not make decisions for the parties, nor do they decide the outcome. Instead, they use a number of strategies that encourage the parties to work through their disagreements so that they can arrive at a mutually acceptable resolution. 

What Happens if Mediation Fails in Washington State?

Although mediation works well for many divorcing couples, it is not a one-size-fits all solution for every divorce case. If you have participated in mediation and it has been unable to help you and your ex arrive at an agreement, you have the option to take the matter to litigation. However, a trial is usually a last resort for particularly contentious divorces, so you can work with your trusted and experienced Seattle divorce attorney to explore your options for settling the matter before it proceeds to a costly and lengthy trial before a family law judge. 

Frequently Asked Questions (FAQs) About Divorce Mediation in Washington State

As you cope with the ending of your marriage, it’s natural to feel confused and overwhelmed by the process that awaits you. Fortunately, you do not have to move through this challenging time on your own. With the support of loved ones and the guidance of a dedicated and experienced Seattle family law attorney, you can navigate the divorce process with greater clarity and confidence. Below are just a few of the most frequently asked questions about the divorce and mediation process in King and Pierce Counties. 

Is Mediation Required for Divorce in Washington State? 

Divorcing couples who can work together and agree to the terms of their separation can complete and file the required legal documents without proceeding to mediation. However, most courts will require mediation before granting a request for a divorce trial (unless the case involves allegations of domestic violence or other safety considerations). Generally speaking, mediation is a good option for many different types of cases and circumstances, such as spouses who own a business together, parties who cannot agree on how to equitably divide their assets, and those who simply want more support as they move through these challenging decisions and determinations.

Do I Need a Lawyer For Mediation in King County or Pierce County?

While the parties who participate in mediation are not required to hire attorneys, doing so is customary. Working with an attorney who understands the mediation process can help you feel more comfortable and confident as you prepare for the mediation session. Moreover, you can rest assured that this dedicated legal professional will advocate for your best interests as you move through the negotiation process. 

How Long Does Divorce Mediation Take in Washington?

The duration of a mediation session varies from case to case. Generally speaking, mediation takes several hours (usually around eight hours) to complete, as this allows for thoughtful negotiations and opportunities for the mediator to facilitate clear and productive communication between the parties. In some cases, the parties may need to return for an additional session. Overall, the mediation process is considerably shorter than litigation, saving the parties their valuable time and money along the way. 

To learn more about the divorce mediation process in the greater Seattle area, reach out to the Hemmat Law Group at (206) 682-5200 to discuss your options with a highly qualified and caring divorce and family law attorney.