Q&A

Do you have to do mediation before court?

Do you have to do mediation before court?

Do I Have to Go To Mediation Before Court? Yes, attending mediation (a MIAM, or Mediation Information and Assessment Meeting) is a required step before going to court in most cases. This rule, however, has certain exemptions which can allow a party to make an application for court under particular circumstances.

What is mediation before divorce?

Mediation is a process where the parties involved in a dispute are assisted by an independent third party to help resolve their dispute. Parties may agree to attend mediation with a mediator who can help them resolve financial and/or parenting issues.

How to find a good mediator for a divorce?

Be sure to ask if the resource has taken mediation courses, and how much training and experience they have. Also ask if they are certified in basic mediation, family mediation, and/or any other areas. Every mediator and mediation process is a bit different, but they generally follow the same path.

Do you have to mediate a divorce in Washington State?

State law does not require divorcing parties to mediate; it only encourages it. However, many counties have enacted local rules mandating mediation in most types of family law cases, such as divorces.

How to ask the most common divorce questions?

Review, research, rate, and then hire. Ask as many divorce mediation questions that you can before you sign a retainer obligation, with anybody. The mediator will then meet with you both. Most of your divorce mediation questions will be answered in that first meeting.

Is there a public record of divorce mediation?

It is confidential. There is no public record of what goes on during the mediation process. Mediation typically costs less than litigation or collaborative divorce. Mediation is less adversarial than litigation which reduces the animosity and can help preserve a working relationship.

Do you have to go to mediation for a divorce?

However, many counties have enacted local rules mandating mediation in most types of family law cases, such as divorces. For example, Snohomish County and King County require alternative dispute resolution (ADR) in divorces, and mediation is the most common type of ADR.

State law does not require divorcing parties to mediate; it only encourages it. However, many counties have enacted local rules mandating mediation in most types of family law cases, such as divorces.

Are there any exceptions to family law mediation?

Though this article primarily discusses divorce mediation, the same rules and principles also apply to most other types of family law mediation, such as parentage actions and parenting plan modifications. The exceptions are cases exclusively involving child support or spousal maintenance (alimony), which parties typically do not mediate.

Can a county waive the requirement for mediation?

In counties that require ADR/mediation, the requirement is waivable. To obtain a waiver, a party must request it by motion and receive a court order specifically granting the waiver. The most common basis for waiving the ADR/mediation requirement is domestic violence.