SPR 94.08.3.
                              MANDATORY MEDIATION


    (a)  Mediation in Contested Cases. Except as provided in Section (b) below, in
all cases specified in Section (a) of SPR 94.08.1 having unresolved issues,
both parties shall in good faith engage in mediation with a court-approved
mediator in an effort to resolve the case. In cases where parenting issues
exist, the mediation shall not occur until both parties have completed the
parenting seminar described in SPR 94.08.2. Mediation shall be completed at
least sixty (60) days prior to the scheduled trial date.

    (b)  When Mediation is Not Required. Mediation shall not be required as
provided in Section (a) in the following cases:

    (1)  For good cause shown upon motion and approval by the court; or

    (2)  Where a domestic violence restraining order or protection order
(excluding ex parte orders) involving the parties has been entered by a court
at any time within the previous twelve (12) months;

    (3)  Where a domestic violence no contact order exists pursuant to RCW 10.99;

    (4)  Where the court upon motion finds that domestic abuse has occurred
between the parties and that such abuse would interfere with arm's-length
mediation. Notwithstanding the foregoing, either party may by motion seek a
court order requiring mandatory mediation in a case where it would not be
required as set forth in (b)(2), (b)(3) or (b)(4) above if the moving party
believes that the parties would be able to mediate their dispute at arm's-
length under the particular circumstances of the case.

    (c)  Settlement Conference. If, after mediation in good faith or where
mediation is not required, there remain unresolved issues in any case specified
by Section (a) of SPR 94.08.1, the parties may participate in a settlement
conference, pursuant to LCR 16(b).

    (d)  Effect on Court Proceedings. Mediation does not stay or otherwise affect
the rights and duties of the parties established by statute, court rule, or
court order. The court may enter temporary orders and the parties may conduct
discovery prior to or during the mediation process.

    (e)  Cost of Mediation. Mediators shall be paid by the parties in accordance
with the agreement of the parties, or in the absence of agreement, as
determined in mediation.

    (f)  Responsibility for Compliance. The parties shall be responsible for
arranging for and completing all mediation requirements established under this rule.

    (g)  Failure to Comply. Willful refusal to participate in mediation or willful
delay in completing mediation may result in a finding of contempt and
imposition of sanctions.

    (h)  Approval of Mediators. Mediators performing mediation services pursuant
to this rule must fulfill the minimum qualifications set forth in Appendix K.
In order to fulfill the mediation requirements of this rule, the parties must
use the services of a court-approved mediator. The court administrator shall
maintain a list of approved mediators, either persons or agencies, for
distribution to the public. The list shall contain the following information:
each mediator's name, organization, if any, address and telephone number, and fee schedule.

    (i)  Selection of Mediator; Right of Mediator to Decline. The parties may
either agree to a mediator from the court-approved list or the mediator will be
determined by use of a strike list. A mediator has the right to decline to
serve in a particular case. If a mediator declines to serve, the parties shall
select a different mediator, using the same selection process by which the
preceding mediator was selected.

    (j)  Authority of Mediator. The mediator has the authority to determine the
time, place, manner, and duration of mediation. In appropriate cases, the
mediator shall have the authority to terminate the mediation prior to completion.

    (k)  Attendance at Mediation. The parties shall personally attend all
mediation sessions, unless the mediator permits telephonic or other attendance.
The mediator shall have the authority to require other persons to attend.

    (l)  Declaration of Completion. Within seven (7) days of completion of
mediation, a declaration that mediation has been completed shall be filed with
the court by the mediator. The mediator shall advise counsel and the parties of
the results of mediation in writing. The mediator shall advise the court only
whether an agreement has been reached on some or all of the issues.

    (m)  Confidentiality. The work product of the mediator and all communications
during the mediation shall be privileged and confidential and not subject to
compulsory disclosure. The mediator shall not appear to testify in any court
proceedings. See RCW 5.60.070.

    (n)  Effective Date. This shall apply to all cases described herein, including
modifications filed after September 1, 2012.