There are two types of mediation:
Mediation is Mandatory – must mediate in “good faith” If you cannot reach a settlement, then you move on to on to trial.
Mediation is Voluntary – not required to settle – however, must mediate in good faith
Mediation is not a trial but a negotiation between both parties. You will need to be flexible for mediation to be successful. You usually have to give something in order to avoid a costly trial
Courts in King, Snohomish, and Skagit Counties require parties in a family law case to mediate in good faith to try to settle their case. If mediation is unsuccessful, then parties may proceed to trial and have a judge make decisions for you. So, in order to have a successful mediation, you should provide information and documents to your Family Law Mediator in order to ensure the mediator can assist you with reaching a successful settlement and avoid a costly trial.
PARENTING ISSUES:
Each party should provide a complete proposed Final Parenting Plan
CHILD SUPPORT:
Each party should provide a current Financial Declaration; current pay stubs; last 2 years complete federal income tax returns to include all schedules; last 2 years W-2s; and a complete proposed Final Child Support Order
SPOUSAL SUPPORT:
Each party should provide a complete current Financial Declaration; current pay stubs; last 2 years complete federal income tax returns to include all schedules; last 2 years W-2s; and Social Security Income History Statement
PROPERTY & DEBTS:
Each party should provide a complete list of all the property of both parties with a proposal for who should be awarded the property:
Real Estate
Vehicles
Bank Accounts
Life Insurance
Investment /Brokerage Financial Accounts
Personal Property (Contents of the home)
Pension/Retirement
Other/Misc Property not listed above
Each party should provide a complete list of all of the debts of both parties with a proposal for who should be responsible for the debt.
ATTORNEY FEES:
Each party should provide a current Financial Declaration; current pay stubs; last 2 years complete federal income tax returns to include all schedules; last 2 years W-2s
Providing the suggested information and documents to the mediator in advance of your scheduled mediation will go a long way to ensuring your mediator has the information needed to help the parties work towards a settlement of your case and avoid a costly trial.
Greg Davies, Mediator