Will I be forced to a decision?  No.  Participation in mediation is voluntary.  You only reach resolution if YOU agree.

Is it confidential?  Yes, except as to any agreed resolution or unless the parties waive the confidentiality. 

If I mediate my dispute, do I still need a lawyer?  I recommend every party be as informed as possible and I encourage parties to obtain legal counsel before a mediation as to rights and remedies.  Most legal matters will require entry of court orders to implement an agreement, and usually a lawyer is involved to do that.  Many Snohomish County lawyers are available for a single legal consult prior to attending mediation, and afterward to draft up legal paperwork.  If you don’t know who to call, consider Snohomish County Bar Association Lawyer Referral Program at 425.388.3018.  Mediation is a cost savings dispute resolution method, but if a party is not adequately informed it can take longer and thus be more expensive, or possibly be unsuccessful.  Access to some of the resources may also be helpful. 

How long will the mediation take?  That depends on the type of issue(s) to be determined, how ready both sides are to address the issues, and how many issues there are.  Well prepared parties may need only a half day to address a parenting plan adjustment.  More than a full day can be necessary, for example, in a marriage dissolution with children due to the number of issues involved and if it is determined in the process that additional information needs to be gathered.  The time for a mediation session needs to include time for the initial presentation of positions and identification of disputed issues, and for writing the agreement up.  The mediator will assist in managing time to promote completion within the reserved time but cannot work miracles if the initial time estimate is unrealistic. 

How much does it cost?  I generally offers services on an hourly rate.  I will negotiate a flat rate if that is more comfortable for the parties. 

Where will the mediation take place?  I will schedule the mediation in a conference room in Everett, unless special arrangements are made to schedule it elsewhere. 

What kind of mediation is available?  Mediation with self-represented clients generally follows a facilitative model, with evaluative options available if desired.  Settlement conferences, usually involving clients represented by counsel, typically are assisted negotiations in caucus format with evaluative input. 

Can a mediation turn into an arbitration?  Yes, if the parties agree and sufficient information is supplied so a decision can be made.  This is a new trend is for parties who run out of time at a mediation or can’t come to full agreement between themselves, and want to accomplish full resolution.  This sometimes called mediation-arbitration.  Before parties can agree to this option, they must be able to make a fully informed choice. 

What standards apply to mediations?  I conduct my mediations in accordance with Washington Law, Uniform Mediation Act, RCW 7.07, the ABA Model Standards of Conduct for Mediators, and the Washington Mediation Association Standards of Practice for Mediators. 

More information:

American Bar Association information:  What is Mediation?

Washington State Bar Association information:  Alternative Dispute Resolution Methods

Washington Mediation Association: What is Mediation?