RCW 26.09.015
Mediation proceedings. (Effective until
January 1, 2009.)
(1) In any proceeding under this chapter, the
matter may be set for mediation of the contested issues before or
concurrent with the setting of the matter for hearing. The
purpose of the mediation proceeding shall be to reduce acrimony
which may exist between the parties and to develop an agreement
assuring the child's close and continuing contact with both
parents after the marriage is dissolved. The mediator shall use
his or her best efforts to effect a settlement of the dispute.
(2) Each superior court may make available a mediator. The
mediator may be a member of the professional staff of a family
court or mental health services agency, or may be any other
person or agency designated by the court. In order to provide
mediation services, the court is not required to institute a
family court.
(3)(a) Mediation proceedings under this chapter shall be
governed in all respects by chapter 7.07 RCW, except as follows:
(i) Mediation communications in postdecree mediations
mandated by a parenting plan are admissible in subsequent
proceedings for the limited purpose of proving:
(A) Abuse, neglect, abandonment, exploitation, or unlawful
harassment as defined in RCW 9A.46.020(1), of a child;
(B) Abuse or unlawful harassment as defined in RCW 9A.46.020(1), of a family or household member as defined in RCW 26.50.010(2); or
(C) That a parent used or frustrated the dispute resolution
process without good reason for purposes of RCW 26.09.184(4)(d).
(ii) If a postdecree mediation-arbitration proceeding is
required pursuant to a parenting plan and the same person acts as
both mediator and arbitrator, mediation communications in the
mediation phase of such a proceeding may be admitted during the
arbitration phase, and shall be admissible in the judicial review
of such a proceeding under RCW 26.09.184(4)(e) to the extent
necessary for such review to be effective.
(b) None of the exceptions under (a)(i) and (ii) of this
subsection shall subject a mediator to compulsory process to
testify except by court order for good cause shown, taking into
consideration the need for the mediator's testimony and the
interest in the mediator maintaining an appearance of
impartiality. If a mediation communication is not privileged
under (a)(i) of this subsection or that portion of (a)(ii) of
this subsection pertaining to judicial review, only the portion
of the communication necessary for the application of the
exception may be admitted, and such admission of evidence shall
not render any other mediation communication discoverable or
admissible except as may be provided in chapter 7.07 RCW.
(4) The mediator shall assess the needs and interests of the
child or children involved in the controversy and may interview
the child or children if the mediator deems such interview
appropriate or necessary.
(5) Any agreement reached by the parties as a result of
mediation shall be reported to the court and to counsel for the
parties by the mediator on the day set for mediation or any time
thereafter designated by the court.
[2007 c 496 § 602; 2005 c 172 § 17; 1991 c 367 § 2; 1989 c 375 § 2; 1986 c 95 § 4.]
NOTES:
Part headings not law -- 2007 c 496: See note following RCW 26.09.002.
Short title -- Captions not law -- Severability -- Effective date -- 2005 c 172: See RCW 7.07.900 through 7.07.902 and7.07.904 .
Severability -- 1991 c 367: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1991 c 367 § 54.]
Effective date -- 1991 c 367: "This act shall take effect September 1, 1991." [1991 c 367 § 55.]
Captions not law -- 1991 c 367: "Captions as used in this act do not constitute any part of the law." [1991 c 367 § 57.]
Mediation testimony competency: RCW 5.60.070 and 5.60.072.
RCW 26.09.015
Mediation proceedings. (Effective January 1,
2009.)
(1) In any proceeding under this chapter, the matter may
be set for mediation of the contested issues before or concurrent
with the setting of the matter for hearing. The purpose of the
mediation proceeding shall be to reduce acrimony which may exist
between the parties and to develop an agreement assuring the
child's close and continuing contact with both parents after the
marriage is dissolved. The mediator shall use his or her best
efforts to effect a settlement of the dispute.
(2)(a) Each superior court may make available a mediator.
The court shall use the most cost-effective mediation services
that are readily available unless there is good cause to access
alternative providers. The mediator may be a member of the
professional staff of a family court or mental health services
agency, or may be any other person or agency designated by the
court. In order to provide mediation services, the court is not
required to institute a family court.
(b) In any proceeding involving issues relating to
residential time or other matters governed by a parenting plan,
the matter may be set for mediation of the contested issues
before or concurrent with the setting of the matter for hearing.
Counties may, and to the extent state funding is provided
therefor counties shall, provide both predecree and postdecree
mediation at reduced or waived fee to the parties within one year
of the filing of the dissolution petition.
(3)(a) Mediation proceedings under this chapter shall be
governed in all respects by chapter 7.07 RCW, except as follows:
(i) Mediation communications in postdecree mediations
mandated by a parenting plan are admissible in subsequent
proceedings for the limited purpose of proving:
(A) Abuse, neglect, abandonment, exploitation, or unlawful
harassment as defined in RCW 9A.46.020(1), of a child;
(B) Abuse or unlawful harassment as defined in RCW 9A.46.020(1), of a family or household member as defined in RCW 26.50.010(2); or
(C) That a parent used or frustrated the dispute resolution
process without good reason for purposes of RCW 26.09.184(4)(d).
(ii) If a postdecree mediation-arbitration proceeding is
required pursuant to a parenting plan and the same person acts as
both mediator and arbitrator, mediation communications in the
mediation phase of such a proceeding may be admitted during the
arbitration phase, and shall be admissible in the judicial review
of such a proceeding under RCW 26.09.184(4)(e) to the extent
necessary for such review to be effective.
(b) None of the exceptions under (a)(i) and (ii) of this
subsection shall subject a mediator to compulsory process to
testify except by court order for good cause shown, taking into
consideration the need for the mediator's testimony and the
interest in the mediator maintaining an appearance of
impartiality. If a mediation communication is not privileged
under (a)(i) of this subsection or that portion of (a)(ii) of
this subsection pertaining to judicial review, only the portion
of the communication necessary for the application of the
exception may be admitted, and such admission of evidence shall
not render any other mediation communication discoverable or
admissible except as may be provided in chapter 7.07 RCW.
(4) The mediator shall assess the needs and interests of the
child or children involved in the controversy and may interview
the child or children if the mediator deems such interview
appropriate or necessary.
(5) Any agreement reached by the parties as a result of
mediation shall be reported to the court and to counsel for the
parties by the mediator on the day set for mediation or any time
thereafter designated by the court.
[2007 c 496 § 602; 2007 c 496 § 501; 2005 c 172 § 17; 1991 c 367 § 2; 1989 c 375 § 2; 1986 c 95 § 4.]
NOTES:
Reviser's note: This section was amended by 2007 c 496 § 501 and by 2007 c 496 § 602, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective dates -- 2007 c 496 §§ 201, 202, 204, and 501: See note following RCW 26.12.260.
Part headings not law -- 2007 c 496: See note following RCW 26.09.002.
Short title -- Captions not law -- Severability -- Effective date -- 2005 c 172: See RCW 7.07.900 through 7.07.902 and7.07.904 .
Severability -- 1991 c 367: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1991 c 367 § 54.]
Effective date -- 1991 c 367: "This act shall take effect September 1, 1991." [1991 c 367 § 55.]
Captions not law -- 1991 c 367: "Captions as used in this act do not constitute any part of the law." [1991 c 367 § 57.]