Program Guidelines: Mediation

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What is the Mediation Program?

The Mediation Program is offered to help settle of disputes informally and promptly with the assistance of a neutral third-party mediator. Disputes referred to the Washington State Bar Association's Mediation Program include disputes between lawyers and lawyers, disputes between lawyers and clients, and other disputes between lawyers and other professionals. Participation is voluntary. Mediation does not occur unless both parties agree to mediate.

Often disputes arise out of a misunderstanding concerning the expectations and responsibilities of the parties. These disputes may be settled agreeably once a dialogue is established. Mediators strive for open communication, with the understanding that the mediator is not acting as a lawyer or fact finder, but as a neutral individual whose purpose is to facilitate settlement between the parties.

By agreeing to participate in the WSBA Mediation Program, the parties agree as follows:

best efforts will be made to resolve the dispute
communications with the mediator are generally confidential, provided that no party is precluded from filing or pursuing a grievance under the Rules for Enforcement of Lawyer Conduct
the mediator will not be called as a witness in any other proceeding.

The WSBA Mediation Program is meant to be a quick and inexpensive means of resolving disputes. Mediation does not stop the running of the statute of limitations and the parties are reminded to take any action necessary to protect their legal rights. In cases where mediation results in only a partial settlement of the dispute, either party may seek additional relief though the courts. Authorization for the program is provided by Admission to Practice Rule 16.

What does it cost?

The person beginning the process pays a $75 filing fee. The other side, if he or she agrees to mediate, also pays a $75 filing fee.

How do I start mediation?

The person starting mediation is called the "requesting party." The requesting party fills out a form provided by the WSBA. This form, called the Mediation Request and Confidentiality Agreement, must be used. The completed form should be returned to the Program Coordinator with the $75.00 mediation fee.

What does the WSBA do with my request for mediation?

Within 10 days of receiving the request and the filing fee, the WSBA will mail a copy of this brochure, the signed request form, and supporting materials, if any, to the responding party with a letter asking the respondent to agree to mediate. The responding party has` 30 days to return the form indicating agreement or disagreement to participate. If there is no agreement to mediate the fees paid will be refunded.

When will the mediation session be held?

When both parties have agreed the Program Coordinator will assign a mediator who will schedule a mediation session at a mutually convenient place and time (usually within thirty to sixty days). The mediator may request written submissions from the parties before the meeting. The mediator may be a lawyer or non-lawyer, but must have the appropriate training and experience to serve effectively in a facilitative role.

What happens at the mediation session?

When the parties meet for mediation, the mediator listens to both sides of the dispute and attempts to identify the issues and interests of each party. The mediator then facilitates a resolution of the dispute, using the mediator's skills to assist the parties in jointly solving the identified problems. If appropriate, the mediator may meet separately in confidential sessions with each party. If the parties reach a mutually acceptable resolution of the dispute, the mediator will assist in putting that agreement in writing so that it may be implemented. Such an agreement will be legally binding on the parties.