What is mediation?
Mediation is an alternative to litigation – a way to resolve legal conflicts that would otherwise end up in court. It has become more common as a less expensive, less adversarial, and more sustainable way to find solutions in situations like divorce or estate challenges.
Mediators don’t make decisions, find fault, or issue orders; instead, you take the lead in creating your own solutions. The process is calm, respectful, and methodical. It guides you in discovering and creating an agreement that will work best for your situation, rather than accepting a judge’s determination.
The private mediation framework particularly helps reduce hostility and increase cooperation between divorcing people, protecting children from negative effects and helping to set the stage for a new co-parenting relationship going forward.
And because you collaborate rather than competing to “win” your arguments in open court, it’s more likely that everyone will abide by mediated agreements going forward. In my experience, using mediation better equips people to manage future conflicts and avoid further legal disputes.
In Snohomish County, our court rules have required litigants in family law cases to engage in alternative dispute resolution before confirming their trial dates. So, we now have a custom of litigating – sometimes hotly and sometimes more calmly – until we have enough information to mediate shortly before trial.
If you are in this situation, it can feel really difficult to switch gears to attempt to work something out in mediation. But as an experienced family law litigator, I have seen the benefits and value of mediation, even in combative situations. It’s why I chose to focus on mediation in family law matters. Rather than being bound by someone else’s judgment, you can decide how to move forward based on goals and priorities you create, in a private setting where your family’s unique needs are respected.
Whether you choose mediation from the start or try mediation because it’s required, I help shift the focus from blame and shame to cooperation and hope. That’s a win for all parties.