Move Forward with Mediation

Mediation has never been more critical to resolution of legal matters than ever before.  It’s also become much more commonplace than engaging in a lengthy, costly and emotionally draining trial process.  Nearly a decade ago, Bains Law Firm posted a Blog that provided basic information regarding mediation.  Today, we amplify the importance of Mediation to resolve Family Law and Minor Guardianship matters. 

In either area of law, once the legal case is finalized, the next chapter of your life begins.  What’s that going to look like?  In cases where there are children involved, that means that no matter what, you will be tied to the opposing party forever, not just when a kid turns 18.  There are future graduations, weddings, grandchildren–LIFE HAPPENS.  Agreements made in Mediation can be a springboard to enjoying those beautiful future moments to come, rather than being weighed down with bitter feelings and toxicity after a very difficult courtroom trial experience. 

One way this happens in mediation is that as a litigant, you have all the power.  With the assistance of your respective lawyers, you and the opposing party CHOOSE what you are willing to agree to.  In a trial, a stranger wearing a black robe holds all the power and tells you what you are going to do.  Having control over your personal situation is helpful to moving on.

Another way this happens is that unlike a trial, where your side must present the strongest case possible to a courtroom open to the public, mediation is confidential.  In court, what you say is often to the detriment of the other party (to their face), which increases the difficulty of moving forward positively.  In mediation, most litigants never see each other and can speak completely freely about what is important to them in the case.  It is very liberating to be able to tell your story in full, without having to worry about repercussions, as the parties cannot later testify about the contents of the mediation session.  Facilitating an agreement under these circumstances and moving on becomes much easier for everyone. 

Lastly, in many Washington counties, absent certain very limited circumstances, mediation is a mandatory requirement to be eligible to proceed to trial.  How to go about doing it is strictly voluntary.  Mediation can occur through low-cost resources that may be available through your local court.  However, most often, the parties will pay to use an experienced private mediator, often an attorney with several years of experience or a retired judge.  While the costs of mediation can be quite significant, it is a drop in the bucket to the exorbitant costs, financially and emotionally, of a bitter trial.  An experienced mediator can help the parties navigate a resolution better by getting to know the folks in the session, than a stranger on the bench reliant upon evidence presented in court which never tells the whole story about a particular family. 

Family Law and Minor Guardianship litigation, including mediation, can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of family law litigation and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your case.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.