How Mediation Works in a Divorce
How Mediation Works in a Divorce
You may have read about lengthy, adversarial, and expensive legal fights in the tabloids or seen them reported on TV. However, the recent Divorce of actors Jennifer Garner and Ben Affleck is an example of how high-profile couples can resolve their differences over property and parenting issues without the glare of publicity and the uncertainties of going to Trial.
The glamour couple used the same process that any other couple would use when seeking a Divorce Settlement through Mediation. Although Washington State does not require Mediation in a Divorce, some local court systems, such as those in Pierce County and King County demand that couples go through some form of Alternative Dispute Resolution (ADR) as a condition of proceeding with their Divorce. This means attempting to work out disputed issues with the help of a neutral third party Mediator. The benefits of Mediation are that it is usually:
Less Stressful
Less Expensive (sometimes 50 percent less expensive than Divorce Litigation)
Less Time-Consuming
Less Rigid (not limited by Court Schedules and other rules)
More Private and Confidential (no records kept of Mediation Sessions)
More subject to control by the participants
The length of the process depends on the individual situation of each couple. Most people need multiple meetings with a Mediator to resolve all of their issues. If they cannot agree, they can still pursue Litigation; though, most often Litigation is prevented. The Mediation process includes these steps:
Selecting a Mediation services provider. In Washington, Mediators may be lawyers or other professionals trained in Family Conflict Resolution. They work in the private sector or in Dispute Resolution Centers and usually charge hourly fees.
Attending the first meeting (sometimes called a “general caucus”) with the Mediator, who reviews the ground rules for Mediation, discusses the process, obtains signed Agreements to Mediate, and emphasizes the importance of complete confidentiality.
Drafting Opening Statements outlining their issues.
Engaging in supervised conversations with each other about those issues.
Attending private meetings with the Mediator about issues that are difficult to resolve.
The Mediator generally moves back and forth between the participants to come to an Agreement on all of the issues. He or she then prepares a Settlement Agreement (called a Memorandum of Understanding or CR 2A Settlement Agreement) for the participants to sign and present to the Court. If the Judge approves, the terms of the Settlement Agreement become part of the Final Divorce Order (Dissolution of Marriage Decree), Parenting Plan, Order of Child Support, as applies in the given matter.
You can be represented during Mediation by a Family Law Attorney, who can present your position and negotiate in your behalf. While not required, having an Attorney is especially important if your spouse has retained one, if you need legal advice, if you need representation, if you need assistance in the preparation of pleadings and proposed Court Orders, and if you need assistance with presenting your Settlement Agreement to the Court.