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February 06, 2012
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In Washington State, Mediator's Legal Conflict Of Interest

Mediator's Disclosure of Conflicts of Interest: 
(1)
Before accepting a mediation, an individual who is requested to serve as a mediator shall:

     (a) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and

     (b) Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

(2) If a mediator learns any fact described in subsection (1)(a) of this section after accepting a mediation, the mediator shall disclose it as soon as is practicable.

(3) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.

(4) A person that violates subsection (1) or (2) of this section is precluded by the violation from asserting a privilege under RCW

Participation In Mediation:
An attorney or other individual designated by a party may accompany the party to and participate in a mediation, except that if the dispute being mediated is the subject of pending proceedings under chapter 12.40 RCW, then a party may not be represented by an attorney in mediation unless the party may be represented by an attorney in the proceedings under chapter 12.40 RCW. A waiver of participation given before the mediation may be rescinded.

If you decide to retain a mediator in Colorado and begin the mediation process, Contact our Colorado Mediaton Lawyer now!

 

 
Did You Know?    
 
 
Alternative Dispute Resolution describes problem-solving processes
Alternative Dispute Resolution describes problem-solving processes that promote creative solutions to disputes that are unavailable in traditional dispute resolution forums. May include a specialist

 


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News about Mediation cases in Colorado and nationwide:

A Consumer Guide to Selecting a Mediator
This guide was developed (by the Alaska State Judicial Council) under a grant (#SJI-94-03E-H-284) from the State Justice Institute. The points of v...
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NMB Requests Public Comments On Proposed Rule Changes Governing Grievance Arbitration In The Railroad Industry
The National Mediation Board is proposing rule changes governing grievance arbitration in the railroad industry.

Proposed rule changes incl...

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Mediation Program Procedures
(a) Description and Scope These procedures govern the referral of certain federal civil cases and bankruptcy adversary and contested proceedin...
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Mediation Lawyers.com Terms

 


Today's Terms

Negotiation

Definition:
Process where parties directly exchange ideas, views, promises, and problems surrounding a dispute. Positional bargaining tends to focus on demands, and counter-demands of disputing parties, sometimes leading to a bargaining process where parties trade concessions and demands.

Ombudsman, Ombuds, Ombudsperson

Definition:
A third party neutral that researches complaints and suggests or implements solutions on behalf of a recognized authority. Most often on behalf of a single organization.

Binding

Definition:
A legally enforceable decision or agreement resulting from a dispute resolution process.

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 Mediation Resources

 


Search Mediation resources in our resource center:

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Mediation Hot Topics

 
Topics Related to Mediation:

  • Contracts
  • Leases
  • Small Business Ownership
  • Employment
  • Divorce

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Colorado Mediation Attorney

 
If you live in the following cities and need an Mediation attorney you should contact our Mediation Attorney as soon as possible:

  • Arvada
  • Aurora
  • Boulder
  • Brighton
  • Broomfield
  • Canon City
  • Castle Rock
  • Colorado Springs
  • Commerce City
  • Denver
  • Durango
  • Englewood
  • Evergreen
  • Fort Collins
  • Golden
  • Grand Junction
  • Greeley
  • Lafayette
  • Littleton
  • Longmont
  • Louisville
  • Loveland
  • Montrose
  • Parker
  • Pueblo
  • Westminster
  • Wheat Ridge
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