What are the procedural rules for mediation?
In Washington, mediation is a legal process to resolve a dispute outside of court between two or more parties. It is a voluntary process and both parties must agree to participate. The Washington Rules of Civil Procedure outline the procedural rules for mediation. The process usually begins with a filing of a mediation request with the court and a notice to the other party. The court will appoint a mediator who is a neutral third party who does not act as a judge and does not decide who is right or wrong in the dispute. The parties then meet with the mediator who works to facilitate a settlement. The mediator has the authority to explore the facts and circumstances of the dispute and ask questions of each of the parties. The goal of the mediator is to help the parties identify the issues and explore different solutions. Once an agreement is reached, the mediator will produce a written document summarizing the agreement. The parties should each have their own lawyer review this document before signing it. Once signed, the document is legally binding and enforceable as any other contract. Mediation is a useful way to resolve disputes quickly and inexpensively, while avoiding the costs and time associated with litigation. It is important to understand the procedural rules, as well as the role of the mediator, before entering into mediation in Washington State.
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