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https://www.smythejones.com/benefits-of-mediation/
If you go to trial, the judge or the jury will decide the result in your case. There is no doubt that the result will happen. The problem is that you don’t know when the result will happen, nor do you know what the result will be.

You see a civil trial date is subject to change based on the court’s schedule. So even if you have a trial date, that date can be subject to change by days, weeks, or months with no notice. This means that you need to prepare for trial multiple times.

Once the court hears the case, if it is a jury, then the result will occur at the end of the trial. However, if the case is decided by a judge, sometimes the result is not decided for days, weeks, or months.

The timing of the decision depends on the court’s schedule. So if you go to trial, a decision about your case will be made, however, you never know what a judge or a jury is going to decide.

Also, the uncertainty of the timing of any trial or decision can be agonizing if delays occur.

Cost of mediation/versus trial
A full day of mediation costs a few thousand dollars and that amount is typically split between all the parties to the litigation. The cost is equal to a few phone calls with your lawyer. Litigation costs however can escalate without warning. In litigation you can’t control the cost because first the court rules require certain things to be done by a certain time. Also, opposing counsel can take actions that necessitate your attorney to respond. Neither you nor your attorney have the control to limit your costs in litigation. In mediation, you have the control to settle the case and end the litigation which ends the mediation. There is no comparison between the costs of mediation and the costs of trial.

I don’t want to settle!
You have been wronged. I get it, you don’t want to settle with the other side that you feel is completely wrong. However, who are you hurting by letting the litigation linger? Them? No. you are only hurting yourself by having an emotional or mental block to resolving the case. When we mediate your case, we work to get you past the roadblocks toward settlement. We work to turn that “I don’t want to settle” into your choice to settle.

My opponent will never settle.
You may have preconceived notions that your opponent is stubborn and won’t settle. You may be right. But remember, we work with both sides to get past the roadblocks that are stopping a settlement. Many times when you are working with a neutral mediator, it can break down the barriers toward a resolution that have existed since the dispute arose.

Mediation and Attorney Services to Move You Forward With Confidence

Contact a member of our team to guide you. To get started, simply book an appointment with one of our team members or give us a call today.
(425) 436-5777

What If We Go To Trial? (Four Phases of Dissolution) - Smythe & Jones PLCC

https://www.smythejones.com/mediation-services/family-law-mediation-services/
Family law mediation is a specific type of mediation that is focused on resolving disputes that arise in the context of family law, such as divorce, child custody, child support, spousal support, and property division. In family law mediation, the parties work with a neutral third-party mediator who helps them reach a mutually acceptable agreement that addresses their concerns and meets the needs of their family.

Family law mediation can be a valuable tool for families who want to avoid the cost, stress, and uncertainty of litigation, and who want to have more control over the outcome of their disputes. Mediation can also help families preserve relationships and promote cooperation and communication, which can be particularly important in cases involving children.

During family law mediation, the mediator helps the parties identify and clarify their interests, communicate effectively, and generate options for resolving their disputes. The mediator does not make decisions or impose solutions, but instead facilitates the negotiation process and helps the parties reach their own agreement.

Family law mediation can be voluntary or court-ordered, and can be conducted before or after a case is filed in court. The process is confidential and can be tailored to the specific needs and concerns of the parties involved.

What Is Family Law Mediation?

https://www.smythejones.com/mediation-services/

If you already have a lawyer then your lawyer will help the Mediator understand the facts of your case and can be instrumental to resolving the dispute.

If you do not have a lawyer then that is also okay and the Mediator will work to obtain the facts from the parties to find a resolution that works for both parties.

So no an attorney is not needed for Mediation but certainly is helpful.

Do You Need an Attorney During Mediation?

https://www.smythejones.com/mediation-services/

We believe that Mediation is often the best way to resolve disputes as it allows both parties to come to a mutually beneficial solution without the need for costly and time consuming litigation.

At our firm we take time to understand your unique situation and tailor our approach to your specific needs. Our lawyers and mediators are skilled at listening and empathizing with our clients. We work tirelessly to meet your goals and objectives.

Whether you need a mediator for a family law matter, or a mediator for your business or civil matter, look no further than Smythe & Jones. (425) 436-5777.

Mediation Services Overview: Avoid Costly and Time Consuming Litigation - Bellevue Mediation Lawyers

https://www.smythejones.com/mediation-services/
The mediation process is voluntary and the parties are in control of the outcome. If an agreement is not reached, the parties can still pursue other legal options. However, mediation can often be a faster, less expensive, and less adversarial alternative to going to court, and can also result in more creative and tailored solutions that better meet the needs and interests of both parties.

INITIAL CONSULTATION
The first step in the mediation process is typically an initial consultation, during which the mediator will explain the mediation process and answer any questions the parties may have. The mediator will also gather information about the dispute and the parties involved.

IDENTIFYING ISSUES
The mediator will work with the parties to identify the issues in dispute and clarify each party’s interests and concerns. This involves active listening, asking questions, and helping each party understand the other’s perspective.

NEGOTIATION AND AGREEMENT
The parties will negotiate and work towards reaching an agreement that satisfies both sides. The mediator will help facilitate the conversation and offer guidance when needed, but will not make any decisions or impose any solutions on the parties. The goal is for the parties to reach a mutually acceptable resolution.

SETTING GROUND RULES
Once all parties have agreed to mediate, the mediator will set some ground rules for the mediation process. These may include confidentiality agreements, rules around respectful communication, and any other guidelines necessary for a productive mediation.

GENERATING OPTIONS
Once the issues have been identified, the mediator will help the parties generate possible options for resolving the dispute. These options may be explored through brainstorming or other techniques, and may include creative solutions that may not have been considered in a traditional legal process.

FINALIZING THE AGREEMENT
Once an agreement has been reached, the mediator will help the parties finalize the agreement and ensure that everyone understands the terms. The agreement may be put in writing and signed by all parties.

Mediation Services for Bellevue, Issaquah & King County Washington - Stacey Smythe & Marianne Jones

The cost of mediation is substantially less than the cost of litigation (going in front of a judge) because both parties typically share the cost of Mediation.

Mediation also provides an end to attorney’s fees and costs. If you are current paying an attorney preparing for trial, then you know how costly litigation can get through all of the discovery that occurs and motions that can be filed. If you are on a contingency, you should be concerned about how much the insurance company is paying their attorney because that money could go to settle your case.

Mediation stops the costs of litigation and uses the savings to settle the case and is often required by the courts in most cases.

Mediation can be scheduled with a Judge not assigned to your case, a volunteer mediation service, or through private mediators.

Smythe & Jones offers private mediators who are committed to saving you time and money and helping you resolve the case and avoid trial.

The Cost of Mediation Versus Trial

https://www.smythejones.com/benefits-of-mediation/

You may have preconceived notions that your opponent is stubborn and won’t settle and you may be right. But remember, we work with both sides to get past the roadblocks that are stopping a settlement. Many times when you are working with a neutral mediator, it can break down the barriers toward a resolution that have existed since the dispute arose.

So what should you do?

Keep negotiating: Sometimes, people's initial positions are not their final ones, and they may be willing to make concessions or compromises over time. Keep the lines of communication open, and see if there is any room for movement.

Seek mediation: A neutral third party can help facilitate negotiations and find common ground between the parties. Mediation is often less expensive and time-consuming than going to trial, and can result in a mutually agreeable settlement.

Mediation puts the control for the outcome of your court case in your hands. You get to decide the result you want and then we work to obtain that result or some compromise that you can live with. Having control in what the court will decide in your case will never happen again except in mediation.

At Smythe & Jones, our mediators are experts in the complex process of negotiation and settlement of disputes. These skilled facilitators orchestrate a mediation like an efficient business meeting, create a dynamic, structured, and respectful climate, and see that all parties – as well as their counsel and/or their insurers – have the opportunity to express themselves as needed to generate a full understanding of all aspects of the conflict.

Please visit our website at www.smythejones.com to book your Mediation today.

My Opponent Will Never Settle

https://www.smythejones.com/mediation-services/

At Smythe & Jones PLLC, our promise to attorneys who choose use for Mediation is to work hard for your returning business by making sure you and your client feel heard and listened to.

We will be available to you should any issues arise while the Settlement and Final Orders are finalized at no further charge.

Thank you for considering Smythe & Jones in your next Mediation.

Our Mediation Promise To You - Smythe & Jones PLLC: Seattle, Bellevue Mediation Lawyers

https://www.smythejones.com/child-custody/
Child custody disputes are not limited to divorcing spouses. Child custody can involve biological unmarried parents, grandparents and sometimes other extended family members. Establishing and maintaining a safe stable living environment and custody schedule that meets the needs of a child you love can quickly become emotional, complicated, time consuming and expensive.

At Smythe & Jones PLLC we strive to offer clients a resolution-focused approach. We are here to help you protect your rights and the wellbeing of your children.

Types of Custody

Child custody refers to the rights and obligations between parents, regarding their children. In Washington State, one or both parents may be granted either legal or physical custody of a child.

Physical Custody: refers to the amount of time each parent is permitted physically with a child. This may be sole, primary, or joint custody.

Often, the Court designates one parent as the primary physical custodian, giving the other parent a schedule of temporary custody and visitation. In some cases, however, the Court orders joint legal and physical custody, by which, both parents have substantial access to their children.

Legal Custody: Legal custody will determine which parent may make day to day decisions for a child, such as health, medical decisions, as well as educational decisions. It, too, may be sole, primary, or joint custody. However, either parent may make emergency decisions for a child while the child is in his/her custody, regardless of the legal custody arrangement.

A court in Washington State will consider awarding both parents joint legal custody under the following considerations:

- Each parent’s participation in the decision-making of the child’s life.
- Each parent’s proximity to one another and how that proximity will affect decision-making for the child.
- Whether the parents can and will work with each other to make decisions for the child.

How custody is determined?

If you have ever been involved in a child custody case or you are about to begin one you most likely have heard the phrase “best interests of the child.” Almost every state’s child custody laws determine custody and visitation issues based on the best interests of the child standard. Washington State expects parents to each present a parenting plan prior to trial.

Decisions on child custody and visitation can either be made by the parents, through a mediated or negotiated agreement, or if no agreement is possible, the court will decide. Courts determine child custody arrangements based on the best interests of the child.

Parents often feel more satisfied with negotiated custody agreements than if the decision is made solely by the court, and courts want families to enjoy custody arrangements that are both successful and fair. Our attorneys have helped many clients obtain favorable custody arrangements in as many unique situations, from the most amicable to the most contentious actions.

Having an experienced child custody attorney can help you better prepare for mediation or trial. Your Smythe & Jones attorney will provide the experience and perspective to help you best evaluate how to put your children’s interests first and be prepared for complicated issues, whether in mediation or trial.

Child Custody in Washington: Seattle, Bellevue - Smythe & Jones PLLC

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