RULE 91.
MANDATORY SETTLEMENT CONFERENCES IN DOMESTIC RELATIONS ACTIONS
(a) Policy Statement. It is the finding of the court that settlement
conferences are a valuable tool to promote the amicable resolution of
disputes and promote the efficient use of court resources. Settlement
conference time is also a valuable resource. It is expected that all
parties who participate in settlement conferences as mandated by the court
be prepared to participate when scheduled and not squander this valuable resource.
(b) Settlement Conferences Required. A settlement conference is
mandatory in all contested actions in which a dissolution/declaration of
invalidity/legal separation of marriage or domestic partnership is sought.
A settlement conference may be requested in any family law matter with the
agreement of all parties. No trial date will be set unless the required
settlement conference has occurred or has been waived by a judge for good cause.
Parties may comply with this rule by participating in a mediation or
settlement conference using a court approved mediation service, and filing
a certificate from that service with the court. Should parties choose to
go through private mediation to comply with this rule, they shall be
responsible for all costs of said mediation. Approved mediators shall be
listed on the court's website, and are available from the court
administration, the clerk and the court facilitator's office.
(c) Request for Settlement Conference. A request to schedule a
settlement conference may not be made until after an answer has been
filed. The request for settlement conference shall be signed and filed
with the clerk.
(1) Form. The request shall be substantially in the form
approved by the court and available on the court's website, from the
county clerk or court facilitator, or from superior court administration.
(d) Readiness Statement. Discovery will be completed by both parties
prior to the date of the settlement conference. Each party shall complete
the Settlement Conference Readiness Statement which shall be signed and
filed with the clerk and provided to the court administration not less
than 30 days prior to the scheduled settlement conference. This document
will include a statement, verified by each party or his/her attorney, that
negotiations have been attempted between the parties. The settlement
conference may be stricken by the court if this verified statement is not included.
(1) Form. The request shall be substantially in the form
approved by the court and available on the court's website, from the
county clerk or court facilitator, or from superior court administration.
(e) Settlement Conference Affidavit. Each party must complete a
statement of family financial status. If the parenting plan or child
support is at issue, each party will provide a proposed parenting plan and
child support worksheets. Appraisals, bluebook printouts, or other
documents supporting contested issues should be included with the
affidavit. It is helpful if the parties can agree on a format for any
proposed balance sheets. The affidavit and supporting documents shall not
be filed with the superior court clerk. The affidavit and supporting
documents shall be served on the opposing attorney or party if not
represented by an attorney, and an additional copy will be provided to the
superior court administration for the use of the presiding judicial
officer conducting the settlement conference, no later than 4:00 p.m.
five (5) court days prior to the scheduled conference.
(1) If the state has filed a Notice of Appearance in a domestic
relations case in which child support is involved and the only states
interest is medical assistance provided for the children of the
parties and preservation of state's collections of child support
arrears owed to it, the state may not appear at the mandatory
settlement conference if the following language is included in the
Mandatory Settlement Conference Affidavit:
Petitioner/Respondent agree to include in the Order of Child Support
preservation of the state's right to collect arrears owed to it and
the statutorily mandated language regarding medical insurance
coverage contained in Paragraph 3.18 and uninsured medical expenses
in Paragraph 3.19 as requested by the state in this matter and (check
the applicable box):
____ 1. There is insufficient evidence at this time regarding
the availability/accessibility of medical insurance coverage and
cost of medical insurance coverage for the children at this time
and medical insurance coverage may be enforced through the
Division of Child Support as provided in RCW 26.18.170.
____ 2. Petitioner/Respondent has available and accessible
health insurance coverage for the child/ren at a
premium cost of $ ______ (the portion of the premium cost for
the children's coverage only). He/she shall provide such
insurance coverage on behalf of the children as required by law
and stated in Paragraph 3.18.1(B) Findings and (C) Parents
Obligations. The insurance premium and the other party's
contribution shall be included in the child support calculation.
The state shall be served with the final proposed Order of Child
Support and Child Support Worksheets for review and approval within
the statutory time limits required by RCW 26.23.130 for the state's
review prior to entry of final orders. If the medical or other
provisions do not comply with the state's requests for medical
insurance coverage language and arrears preservation, these issues
shall remain contested and shall be set for hearing.
(2) Form. The request shall be substantially in the form
approved by the court and available on the court's website, from the
county clerk or court facilitator, or from superior court administration.
(f) Sanctions. Failure to file the documents pursuant to
sections (d) and (e) above may result in sanctions.
Failure to appear at the conference shall subject a party and/or attorney
to additional sanctions upon motion of the opposing party. A party in
compliance with this rule may seek fees and costs against a non-compliant
party by way of motion to the court and such terms shall be at the
discretion of the court.
(g) Conference Procedure. Participation in the settlement conference
shall be mandatory. All parties, and their attorneys if represented,
shall appear at the settlement conference. The court or the superior
court administration will schedule those conferences with the attorneys or
pro se parties.
(h) Completion of Conference. If the settlement conference results in a
partial or full settlement of the case, a record of the settlement shall
be made, either by a written CR 2A settlement agreement, signed by both
parties and their attorneys, or by placing the agreement on the record in
open court. If the settlement conference is not successful, the
supervising presiding judicial officer shall file a notice of completion
of the conference with the clerk. A private mediator may also file the
notice of completion of conference if private mediation is used to comply
with this rule.
Form. The completion notice and/or the CR2A agreement cover page shall be
substantially in the form approved by the court and available on the
court's website, from the county clerk or court facilitator, or from
superior court administration.
(i) Notice of Settlement or Change. Whenever a cause has been set for
mandatory settlement conference and thereafter is settled or will not proceed
for any reason, notice (available from the superior court administration) shall
immediately be given to the court and the clerk by the close of the next
business day. In the event of a violation of this Rule, the court may, in its
discretion, assess actual costs incurred, as a result of the violation, plus
such other sanction as appears appropriate against the offending attorney
and/or party.
[Adopted effective September 1, 2005; amended effective September 1, 2007;
repealed on an emergency basis effective May 1, 2009; repealed on a permanent
basis effective September 1, 2009; reinstated as amended effective January 19, 2010;
amended effective September 1, 2010; amended effective September 1, 2012.]
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