Mediation can help spouses avoid litigation, since the court won’t have to resolve any issues if the spouses reach agreement on everything, but Washington does not require spouses to attend mediation. Washington law gives courts the authority to order mediation in particular cases, but Washington law does not require mediation. When the court orders mediation, the purpose is to resolve any contested -- or disputed -- issues before the court hears the issues at a hearing.
Advantages of Mediation
Mediation can be a beneficial alternative to having the court resolve a couple’s disputes. Mediation is less formal than a court hearing, and it provides flexible scheduling, confidentiality and few rules. Mediation may be cheaper than going straight to court, since it is less formal and rarely requires either side to provide evidence in favor of his arguments. Mediation agreements are voluntary, so spouses cannot be forced to reach agreement.
When spouses reach agreement during mediation, they can choose to make their agreement legally binding. This allows the spouses to avoid litigation -- and the accompanying costs and delays -- because the Washington court can simply adopt the agreement as it is written. Without such an agreement, the court would have to hold a formal hearing, or trial, to receive evidence to make its own determinations.
Washington does not have a governmental certification process for mediators, but Washington does have an association of dispute resolution centers as well as a mediation association. These professional organizations offer a certification process, and divorcing spouses can choose a mediator through these organizations. Washington’s Dispute Resolution Centers are private organizations that are authorized by the state legislature, and they provide low-cost mediation services by trained professionals.