What rights do parties have during mediation?
During mediation in Washington, both parties have the right to be informed and to participate openly and honestly in the process. Each party has the right to understand and be informed of the rules and procedures of mediation. Parties also have the right to be treated with respect, dignity, and impartiality. They can present their case and both parties must be given the opportunity to be heard and to respond to questions. Both parties have the right to self-determination, which means that each has the right to make their own decisions regarding the resolution of their dispute. They both can come to agreements they find acceptable and can reject proposals they find unacceptable. Neither party can be forced to accept any agreement that is reached. Both parties also have the right to be represented by a lawyer if they wish. They both have the right to know the credentials of the mediator, to ask for a break if needed and to walk away from the mediation if the situation does not seem to be working out. Finally, both parties have the right to be protected from intimidation or other types of coercion. All information shared in the mediation process is confidential, so that the outcome will not be used against either party in other proceedings.
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