Family law mediation is a process that can help those involved in family law matters, such as divorce or child custody, resolve issues outside of court. In mediation, a neutral third party, called the mediator, will guide conversation between the parties. The goal is to clarify each person’s perspectives and keep the discussion civil. Unlike a judge, the mediator does NOT make a final decision. Instead, they help the parties reach an agreement, giving them control over the outcome.
Most family law mediations follow a “shuttled” format, meaning each party is in their own room (with their own attorney if they have one), and the mediator moves back and forth. This format reduces tension, allows time for reflection, and provides an opportunity for private discussions with legal counsel. Still, in some situations a “joint session” of all the parties can be appropriate. A seasoned mediator and your attorney can provide recommendations about whether a joint session might be helpful to your case, or not.
If both parties reach an agreement, the mediator will usually draft a CR 2A. A CR 2A is a legal document outlining the terms of your agreement. Once signed by both parties, the CR 2A, and its terms, are binding. If all the aspects of the divorce are agreed upon in mediation, final divorce documents can then be drafted, and the case finalized with the judge….no litigation necessary!
Mediation is generally considered a voluntary process in Washington State; however, in certain circumstances, it may be required before going to trial. Spokane County specifically requires mediation before a family law case can go to trial. As with most aspects of the law though, there are exceptions. It is important to consult with a local attorney for guidance about your specific situation.
If you are in need of a family law mediator, the Spokane County Superior Court offers a list for those nearby. https://www.spokanecounty.org/DocumentCenter/View/4338
Mediation offers a chance to resolve disputes cooperatively, avoiding the stress and cost of going to trial. It allows individuals to have a say in the outcome, making it a great option for those looking to resolve family law matters in a more peaceful, collaborative way.
