Mediation Allows You To Work For Unique Solutions

Mediation allows opposing parties to craft outcomes and devise resolutions that they otherwise might not achieve within the legal system. Most courts in Washington and the U.S. District Court for the Western District of Washington require the parties in a dispute to undergo some form of alternative dispute resolution such as mediation before they proceed to a court battle. Similarly, arbitration allows the parties to adjudicate the dispute privately. Both methods give parties more control over the outcome, reduce legal fees, keep matters private and take less time.

The firm offers third-party arbitration and mediation services relating to different kinds of legal disputes such as tort and personal injury claims and employment actions, as well as business and commercial disputes, including those involving multiple parties and complex claims.

• Arbitration: Mr. Fogarty is available to act as a solo or panel arbitrator. He also offers arbitration conducted by written submissions.
• Mediation: Mr. Fogarty has completed the University of Washington School of Law Professional Mediation Skills Training program.

Sometimes cases are not resolved at the initial mediation session. The firm is available for follow-up, such as telephone caucusing and exchanging information, as may be agreed upon by the parties after the initial mediation session. The firm also conducts virtual mediations by telephone conference or video conferencing.

• Fees: For both arbitration and mediation, the fee is $500 per hour, divided equally among the parties unless otherwise agreed. We do not charge administrative fees or fees for obtaining the agreement of other parties to mediate or for consulting about the mediation process and scheduling the mediation. We do not charge for travel time involving round trips of 70 miles or less.
• Facilities: There are no facility fees. For mediations involving many parties, the location of the mediation and any facility charges will be submitted to the parties for preapproval and the cost will be equally divided unless otherwise agreed. The proceeding can also be hosted by one of the parties, so long as all parties agree.
• Cancellation policy: There is no cancellation fee so long as we are provided 48 hours’ written notice of cancellation. However, the parties will be billed for fees and costs incurred before notice of cancellation has been received. If less than 48 hours’ written notice is provided, the cancellation fee will be half of the originally estimated cost of the arbitration or mediation, split among the parties, unless otherwise agreed.

How Does Mediation Differ From Arbitration And Litigation?

Mediation, arbitration and litigation are three distinct dispute resolution processes:

• Mediation: Two or more parties and their attorneys work with a neutral third party called a mediator to reach mutually satisfactory, private agreements.
• Arbitration: A binding process where a neutral third party makes a decision, similar to a judge.
• Litigation: A formal court process where a judge or jury makes a binding decision.

Mediation is often less formal, less expensive, and more flexible than arbitration and litigation.

Is Mediation Confidential In Washington State?

Usually under Washington law, all communications, negotiations and settlement agreements reached during mediation are confidential. They are also inadmissible as evidence in any subsequent legal proceeding. This means that parties can freely discuss their concerns and interests without fear of their statements being used against them in court. However, there are some exceptions to confidentiality, such as, for example, when a party waives confidentiality or when a mediator is required to report suspected child abuse.

How Should I Prepare For A Mediation Session?

If you are represented by any attorney, consult with your attorney. But generally, you should take the following actions to prepare for a mediation session:

1. Gather relevant documents and information related to the dispute.
2. Identify your goals, interests and nonnegotiables.
3. Choose a qualified mediator.
4. Consider the other party’s perspective and potential areas of agreement.
5. Develop a clear and concise summary of your position and be prepared to articulate your concerns and needs.

Finally, approach the mediation with an open mind, and a willingness to listen and negotiate.

Contact Us Today

The firm encourages counsel for each party or parties representing themselves to confer with us in advance about the case and the mediation process. If you are interested in alternative dispute resolution, call us at 866-579-3049 and tell us about your situation. You can also use our online contact form to reach us.