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Unlike in a courtroom trial, the mediator does not hand down a judgment or a verdict that the parties must obey. They cannot force either side to accept any offer or to agree to anything. In this sense, mediation is not legally binding in the same way as a judge's order or a jury's verdict.
(1) Before a superior court trial, all causes of action, whether based in tort, contract, or otherwise, for damages arising from injury occurring as a result of health care provided after July 1, 1993, shall be subject to mandatory mediation prior to trial except as provided in subsection (4) of this section.
Usually the third-party neutral meets with the parties in-person at an agreed-upon time for the agreed-upon purpose of mediating the terms of the divorce. Not an Arbitrator. Many non-lawyers confuse mediators with arbitrators. A mediator helps the parties negotiate a settlement but cannot make any decisions for them.
Mediation is a process where people involved in a dispute meet with a neutral, third party?a mediator?who is trained to guide them through a structured negotiation process. Mediators provide a safe, neutral environment and a format for effective communication.
Benefits of Mediation Mediators are also not permitted to talk publicly about what happened in a mediation, except in unusual circumstances. However, written agreements that result from mediation are legally binding and they can be enforced when approved by the Court.
Is Mediation Required in Washington? State law does not require divorcing parties to mediate; it only encourages it. However, many counties have enacted local rules mandating mediation in most types of family law cases, such as divorces.
Arbitrator is given power to decide. Final and binding decision. Mediator has no power to decide.
WHAT IS MEDIATION? Mediation is first and foremost a non-binding procedure. This means that, even though parties have agreed to submit a dispute to mediation, they are not obliged to continue with the mediation process after the first meeting.