Arriving at the realization that your marriage is no longer working is often overwhelming and emotionally complex. As you mourn the loss of this monumental relationship, you must also make crucial decisions that affect your life’s next chapter. Most people who are starting to explore their options for ending their marriages in Clark County often ask “Can we do mediation for our divorce?” In Clark County, WA- either cases settle prior to trial, or they go to trial if the parties cannot agree. Mediation is generally an option for parties to settle their case without a trial. Even if you and your spouse wish to separate as amicably as possible, you will likely need to work through disagreements as you negotiate the terms of your divorce. Before you assume that every divorce must move through the formal litigation process in Washington, it’s essential to recognize your options for dissolving your marriage. If you are starting to explore your divorce option in the Vancouver or Camas area, you may find it helpful to enlist the guidance of a dedicated and experienced divorce attorney who can help you make informed decisions with greater certainty and confidence.
How Does Mediation for Divorce Work in Washington State?
The mediation process is much less formal than traditional courtroom proceedings, however it prepared for in a similar way that we would prepare for a trial in many aspects. The litigation process requires the separated spouses to appear in court, where their attorneys will present their casein Temporary Orders first and if the case does not settle, it goes to trial. Ultimately, the terms of the divorce are left up to the judge to decide. In contrast, mediation does not take place in a traditional courtroom settling, nor does it require the presence of a judge. Instead, the two parties will negotiate the terms of their divorce in a collaborative manner while in the presence of a neutral third-party (called the mediator). The mediator does not take sides, nor does the mediator determine the outcome (unless both parties agree to enter into a binding mediation or arbitration of their case in which the mediator would get to decide from the evidence presented). Generally in non-binding mediation, a mediator’s role is merely to facilitate productive negotiations and conversations between the parties while encouraging them to shape the outcome themselves. Once the parties arrive at a mutually agreeable solution, the mediator will put the agreement into writing and have the parties sign it. This agreement can then be filed with the court, which finalizes the divorce.
In Clark County, WA- there are several different mediators to choose from, some are regular people without a law degree and others are retired family law attorneys, as well as retired judges with decades of experience. It is important to distinguish the two, as a mediator that once practiced as a lawyer and/or judge on the Clark County Superior Court- is going to be well versed in Washington state family law and can apply legal principals in the way a non-attorney mediator can not.
Learn More About Divorce Dispute Resolution Alternatives Today
Just as every marriage is different, the divorce process is not a one-size-fits-all model that works perfectly for every case. If you want to learn more about divorce mediation in Washington state, or if you have questions about the alternative dispute resolution divorce process, the dedicated legal team at The Vern McCray Law Firm, PLLC, is ready to provide you with the customized legal guidance you need during this challenging and stressful time.
If you are interested in learning more about your divorce options in the Camas or Vancouver area, please call The Vern McCray Law Firm, PLLC, today at (360) 834-6262 to get started with a dedicated and experienced divorce and family law attorney.
