What remedies are available if parties cannot reach an agreement through mediation?
If parties cannot reach an agreement through mediation, the court may provide certain remedies. In Washington, the court’s primary objective is to promote settlement of disputes. It can do this by issuing a ruling or order that requires or encourages the parties to resolve the dispute on their own. The court might also issue a temporary restraining order if it feels that one of the parties is going to suffer harm as a result of the dispute. This order prohibits any action being taken until the case is heard and resolved. In some cases, the court may decide to appoint a special master to hear the case and issue a decision. This eliminates the need for lengthy court proceedings. In extreme cases, the court may issue an injunction. An injunction is an order that prohibits the parties from taking any action until the dispute is resolved. This is the most extreme method of resolving the dispute because it gives the court the ability to enforce its decision. Finally, the court may also direct the parties to attend arbitration. This is different from mediation because the process is often faster, more binding, and less expensive. The court may also require that the parties attend mediation before proceeding to arbitration. By utilizing all of these remedies, the court can ensure that disputes are resolved in a timely and cost effective manner.
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