APR 16
Mediation Program
(a) Policy. It is the policy of the Supreme Court to encourage through a
conciliatory process the informal and prompt resolution of disputes
between lawyers and their clients, disputes between lawyers and other
lawyers, and other disputes, including disputes between lawyers and
other professionals regarding expert witness fees.
(b) Mediation Program. The Washington State Bar Association is authorized
to maintain and administer a Mediation Program for the resolution of
disputes voluntarily submitted by the parties, or referred by the
Office of Disciplinary Counsel, when mediation appears appropriate,
and to be governed by such guidelines as may be adopted by the Bar
Association's Board of Governors and approved by the Supreme Court.
(c) Confidentiality. Mediation under this rule shall be confidential, and
communications made or materials submitted in, or in connection with,
the mediation proceeding will be privileged and confidential as
provided by RCW 5.60.070, provided that no party to the mediation
will be precluded from filing or pursuing a grievance under the Rules
for Enforcement of Lawyer Conduct.
(d) Selection and Appointment of Mediators. Mediators may be agreed upon
by the parties or shall be assigned from a list approved by the Board
of Governors and maintained by the Bar Association of both lawyers
and non-lawyers with the appropriate training and experience to serve
effectively in a facilitative role. Lawyers assigned as mediators
shall be active members of the Bar Association for at least 7 years.
(e) Communications to the Association.
Communications to the Bar Association, Board of Governors, mediator,
mediation staff, or any other individual acting under authority of
these rules, are absolutely privileged, and no lawsuit predicated
thereon may be instituted against any party to a mediation, witness
or other person providing information.
[Adopted effective September 1, 1999; amended effective October 1, 2002; January 2, 2008.]
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