Do the parties need to be represented by attorneys during an alternative dispute resolution process?

In Washington, parties involved in an Alternative Dispute Resolution (ADR) process are not always required to be represented by attorneys. Generally speaking, parties may opt to proceed through the ADR process with or without the help of legal counsel. The type of case will sometimes dictate if a party is required to have a lawyer. For example, in some Washington courts, attorneys are always required in certain types of family law matters such as adoptions, divorces, and child custody disputes. When attorneys are not required, parties are still allowed to be represented by a lawyer. Having legal representation can be beneficial as an attorney can provide advice and counsel throughout the process. An attorney can also offer insight into the law which can help parties in making decisions. In some cases, parties may even want to agree to be represented by an attorney in the ADR process. This is something the parties decide between themselves and is not a mandate from the court. If the parties agree to have an attorney represent them, the cost of the attorney is typically shared equally between them. Overall, whether the parties in an ADR process in Washington need to be represented by attorneys is largely determined by the type of case and the agreement between the parties.

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