Is Mediation Required for Washington State Divorce and Parenting Plan Disputes?

Washington State courts have broad authority to order mediation in family law cases. Under RCW 26.09.015, a court may order mediation in any dissolution of marriage, legal separation, or parenting plan proceeding. Most superior courts in Washington have local rules or standing orders requiring mediation before a contested family law hearing. King County Superior Court's Family Law Mediation Program requires mediation for contested parenting plan disputes. Washington is a community property state — marital property is divided equally under RCW 26.16.030 unless the parties agree otherwise. Spousal maintenance is governed by RCW 26.09.090. Child support is calculated under the Washington State Child Support Schedule (RCW 26.19). Parenting plans are governed by RCW 26.09.187, which requires the court to consider the child's relationship with each parent, each parent's past and potential for future performance of parenting functions, and the child's adjustment to home, school, and community. Mediation is not appropriate in cases involving domestic violence — RCW 26.09.191 requires the court to consider domestic violence in parenting plan disputes, and the court may waive mediation in such cases. Washington's Domestic Violence Prevention Act (RCW 26.50) provides additional protections.