Are there any limits to the remedies that can be awarded in a mediated settlement?

In Washington, yes, there are limits to the remedies that can be awarded in a mediated settlement. The State of Washington courts have placed limitations on the types of remedies that can be included in a settlement agreement. These limitations are mostly related to monetary awards and are designed to protect the rights of all parties involved in the mediation process. Generally, courts will not include any punitive damages or damages for emotional distress when crafting the settlement agreement. In addition, courts in Washington are not allowed to issue orders for reimbursement of attorney’s fees or court costs from the opposing party. This means that if one party was able to defend their position in court, or was able to prove the other party was wrong, the court will not require that the losing side pay for the legal fees incurred. The purpose of these limitations is to ensure that the parties involved in the mediation process receive an equitable and fair resolution to the dispute. This limits the parties’ ability to “win” the dispute by way of the settlement agreement instead of through the courts. Mediation is a way for all of the parties to come to an agreement in a more cost effective and efficient way, without limiting their rights.

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Are there any limits to the remedies that can be awarded in a mediated settlement?

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