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Mediation Agreement between Private Parties

Washington Mediation Agreement between Private Parties

Category:

Arbitration and Mediation - Contracts

State:

Multi-State

Control #:

US-02296BG

Format:

Instant download

Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.

Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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How to fill out Mediation Agreement Between Private Parties?

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FAQ

The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.

Mediation can be helpful in resolving legal disputes. It is not legally binding unless the parties enter a settlement agreement, also sometimes referred to as a mediation agreement. Mediation can also be legally binding if it is court-ordered. However, that is rare in personal injury cases.

A caucus is a private meeting during which the mediator talks with each party separately about the dispute.

In Washington, like many other states, arbitration comes in two types: 1) binding arbitration (when parties agree to arbitration) and 2) mandatory arbitration (when the law requires people to arbitrate).

Mediators are also not permitted to talk publicly about what happened in a mediation, except in unusual circumstances. However, written agreements that result from mediation are legally binding and they can be enforced when approved by the Court.

The mediation process may vary between DRCs. Typically each party has an opportunity to share their perspective and say what they desire as a resolution. Each party is also given the opportunity to respond to what they have heard. The mediators work to confirm and clarify understanding.

As a general rule, mediation communications are privileged and not subject to discovery or admissible in evidence in a proceeding unless waived by all the parties to a mediation, as well as the mediator and the third party participants.

If you are not in Snohomish County, you might try contacting a law office near you for names of good local mediators. Is Mediation Required in Washington? State law does not require divorcing parties to mediate; it only encourages it.

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