What is mediation?
Mediation is a process used by parties in conflict when both wish to find a mutually acceptable resolution to their dispute. An impartial, neutral mediator facilitates the communication and negotiations between them and assists in reaching a voluntary agreement. Mediation communications are generally considered confidential. Although there are some exceptions, communications that occur during mediation are privileged by law and not subject to discovery or admissible in evidence. For more information about mediation, please refer to the Washington Uniform Mediation Act, RCW chapter 7.07. You may access the UMA online at
http://apps.leg.wa.gov/RCW/default.aspx?cite=7.07

What kinds of problems or conflicts can be mediated?
All kinds. Examples include workplace disputes, claims of discrimination or harassment, requests for reasonable accommodation and employment, personal injury and other tort or negligence claims in administrative proceedings or court. Couples or partners facing dissolution frequently choose mediation to reach their own agreements involving separation of property, division of assets and parenting plans in order to avoid an expensive and public trial. Family disagreements between parents and teens about issues relating to chores, house rules, curfew, privacy, jobs and money, school grades and attendance can escalate and destroy relationships. Mediation provides teens and parents with a safe and neutral environment and a respectful and structured process to help them rebuild healthy and respectful relationships.

Family concerns about the care of an elder can sometimes turn into painful disputes among siblings or between the family and the care giver. Mediation can assist families reach a better understanding of the issues and a more satisfying solution to the problem.

School conflicts involving students, teachers, parents and/or staff often are resolved through mediation.

Mediation is a viable option for solving community disputes between neighbors, business owners and governmental agencies, or stores and customers. Parties involved in small claims issues may wish to consider mediation as the way to reach an agreement instead of going to court.

Why use mediation?
Mediation has a high rate of success. It is time efficient and cost effective. And, the parties retain the power to create their own agreements.

When disputes escalate and lawsuits are filed, the parties lose control. They hire attorneys to take over and win the case. Once attorneys have been retained, the parties lose the ability to communicate directly with each other. Relationships are often ruined, sometimes irreparably.

At trial, it is the judge or a jury who decides who wins and who loses. Sometimes, the winner is a loser, too. Why? The judgment may not address the real, underlying issues. Rarely, if ever, is an apology part of a judgment. Litigation is costly. It takes a lot of time. It takes people’s attention and moves them away from the present and heads them back into the past. It is emotionally draining and can itself be a traumatic experience. Even the winner pays … attorneys’ fees, expert expenses, etc. Businesses often suffer a reduction in productivity, morale and may lose a competitive edge if limited resources are focused on litigation efforts rather than on business at hand.

Mediation is an alternative method to end a dispute or resolve a legal claim. Parties need not lose control. Substantial litigation expenses need not be incurred. Mediation is a way for the parties and their attorneys (if legal counsel has been retained) to meet with the mediator in a confidential and safe setting. There is no judge or jury to decide who is right and who is wrong. The mediator helps the parties have the conversation they need to reach a mutually satisfying and acceptable solution.

How does mediation differ from arbitration?
Arbitration is another, but different, alternative to trial as a way to solve legal disputes. Instead of appearing in a courtroom in front of a judge and/or jury, the parties with their attorneys present witnesses and their evidence to a third-party neutral or panel of neutrals. The third-party neutral makes the final decision. Usually arbitrations are faster and less expensive than trials. Arbitration decisions are usually binding which means that the parties give up their right to appeal a decision not in their favor.

Mediations do not result in a decision imposed upon the parties by a third party. When successful, they result in a mutually acceptable settlement agreement. There is no decision-maker in a mediation; only a mediator whose job it is to facilitate the parties’ discussions and negotiations.

What is collaborative law practice and how does that differ from mediation?
Collaborative law practice is a process of settling legal disputes where clients and their attorneys agree to a set of principles that foster a cooperative approach to negotiations and are designed to settle the dispute in a non-adversarial manner. Central to collaborative law is the agreement that the participants will not resort to or threaten litigation. Negotiations in a collaborative case occur in open meetings attended by the clients and their collaborative lawyers or other collaboratively trained professionals such as a financial planner, child specialist, economist, vocational counselor, etc. While these meetings typically occur without a neutral mediator present, mediators may be retained to facilitate productive communications among the clients and collaborative professionals.

When communications break down or the collaborative clients reach an impasse in their negotiations, a mediator can be retained to help the collaborative clients and their lawyers resume their discussions and address and resolve the issue(s) causing impasse. Mediation is easily incorporated into collaborative practice.

For more information, visit the website of the International Academy of Collaborative Professionals at www.collaborativepractice.com. Locally, King County Collaborative Law offers information about collaborative practice and posts a directory of collaboratively trained professionals at www.kingcountycollab.org.

More questions?
We welcome your inquiries. Contact us atinfo@soundconflictsolutions.com