![]() As a result, you may speak freely during a mediation session. Further, the mediator may not be called as a witness to testify about the discussions. ![]() Washington has a mediation statute (RCW 7.07) that grants a privilege to communications made during mediations they are treated as settlement discussions and as such are generally not subject to discovery or admissible in evidence later at trial or in other legal proceedings. How can I be assured that the proceedings are confidential and will not be used later against me? Yes, and there is a requirement that conflicts must be disclosed in advance. By contrast, In a trial the proceedings are controlled by the judge and the parties participation is limited to testimony.Ĭan a mediator have conflicts of interest? In recent years, however, mediation has evolved to the point where lawyers view the mediation process as a day that can be devoted solely to settlement discussions in a confidential forum in which the parties are allowed to participate. In many cases, the attorneys do succeed in settling cases without involving a mediator. The role of mediation is not to foreclose or preclude negotiation between the attorneys in an effort to settle the case. Why use a mediator? Why don't the attorneys just negotiate a deal on behalf of their clients? That said, you are free to terminate the mediation and leave on your own volition. ![]() The mediator will usually ask that the parties stay until the mediator has determined that further settlement discussions are fruitless. Of extreme importance is that the mediation process represents the best opportunity for the parties to create their own settlement with meaningful party participation.Ĭan I leave the mediation or terminate the mediation if I don't like how things are going? Sometimes, there are cases where the parties are so fixed in their positions that a mediation will be of little or no benefit to either side. If not successful, the parties gain a better appreciation of the strengths and weaknesses of their case as a result of the dialogue that occurs during the mediation process. If successful, the case will be settled and the parties avoid the costs of proceeding through further discovery (including expert witnesses) and trial of the case. The pros generally heavily outweigh the cons. What are the pros and cons of going to mediation?. The length of the mediation depends on the number and complexity of issues, the type of case, the number of parties, and how long the attorneys involved estimate will be needed. ![]() Offers and counter offers are exchanged through the mediator. The mediation process is intended to be a negotiation between the parties with the mediator as a neutral party assisting in the negotiation process. Sometimes there is a brief joint session at the beginning but more often the parties are placed in separate rooms and have little or no interaction with each other during the course of the mediation. The fees of the mediator are usually due in advance of the mediation.Īt the beginning, the mediator makes introductions and asks the parties to sign a confidentiality agreement that makes the ensuing discussions privileged and not admissible as evidence in later proceedings. Cost may also be impacted by the type of case and ability of parties to pay. The mediator will ask questions that test both sides legal arguments, will focus the mediation on settlement, and may as necessary or appropriate help with evaluation of your case.Ĭost varies, depending on the skill and reputation of the mediator and the length of time for which the mediation is scheduled. The mediator is not a judge with the power to decide your case. The mediator is an independent neutral third-party who is charged with facilitating the negotiation and protecting the confidentiality of the process. The mediator selection involves considerations of availability i.e., scheduling, the type of case, the issues involved, the background and reputation of the mediator, and consideration of whom the parties will best work with in arriving at a settlement. Normally, the mediator is a neutral third party selected by the lawyers representing the parties, subject to the consent of the parties. RCW 7.07 has the following definition: "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. The neutral third-party is called the Mediator. In the context of a lawsuit, what is mediation?Īt its core, mediation is a negotiation facilitated by a neutral third-party for the purpose of arriving at a settlement of a pending dispute.
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