Are there limits on the amount or types of compensation that can be awarded in mediation?

Yes, there are limits on the amount and types of compensation that can be awarded in mediation in Washington. Under the Washington Dispute Resolution Act, the general rule is that a party cannot receive more than $50,000 in compensatory damages in mediation. If a party wishes to receive damages in excess of this amount, the parties must bring a court or arbitration action. In addition, the Dispute Resolution Act specifically prohibits the award of punitive damages in mediation. The types of remedies available in mediation are also limited by the Dispute Resolution Act. Mediators may use mediation to assist parties to settle disputes, but may not actually make any decisions or rulings on behalf of the parties. Mediators may not order the parties to do anything, or award any specific damages in mediation. The parties must come to an agreement on what remedies, such as monetary damages or other forms of compensation, they are agreeable to during mediation. A mediator may simply provide guidance to the parties and assist them in reaching a nonbinding agreement.

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