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July 20, 2010
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In Washington State, Mediator's Legal Conflict Of Interest

Mediator's Disclosure of Conflicts of Interest: 
(1)
Before accepting a mediation, an individual who is requested to serve as a mediator shall:

     (a) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and

     (b) Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

(2) If a mediator learns any fact described in subsection (1)(a) of this section after accepting a mediation, the mediator shall disclose it as soon as is practicable.

(3) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.

(4) A person that violates subsection (1) or (2) of this section is precluded by the violation from asserting a privilege under RCW

Participation In Mediation:
An attorney or other individual designated by a party may accompany the party to and participate in a mediation, except that if the dispute being mediated is the subject of pending proceedings under chapter 12.40 RCW, then a party may not be represented by an attorney in mediation unless the party may be represented by an attorney in the proceedings under chapter 12.40 RCW. A waiver of participation given before the mediation may be rescinded.

If you decide to retain a mediator in West Virginia and begin the mediation process, Contact our West Virginia Mediaton Lawyer now!

 

 
Did You Know?    
 
 
Mediation has many qualities that make it appealing.
In most cases, mediation is: conciliatory fair quick inexpensive voluntary confidential Mediation also has several key benefits. It promotes: greater participant control customized agreements workable decisions mutually satisfactory outcomes improved relationships high rates of compliance decisions that hold up over time

 


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News about Mediation cases in West Virginia and nationwide:

EEOC Mediation
Introduction The Equal Employment Opportunity Commission (EEOC) is firmly committed to using alternative methods for resolvin...
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Mediation Program Procedures
(a) Description and Scope These procedures govern the referral of certain federal civil cases and bankruptcy adversary and contested proceedin...
Read more >


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Mediation.com Terms

 


Today's Terms

Third Party (Neutral)

Definition:
A term used to describe an impartial person, group, or organization that assists disputing parties in reaching a resolution. Mediators, arbitrators, facilitators, and conciliators are all considered third party neutrals.

Co-mediation

Definition:
Mediation process in which there are two mediators who simultaneously or jointly conduct the process. Used in cases where mediators with different areas of expertise would be useful, when there are multiple parties involved, and/or to model cooperation and gender/ethnicity balance.

Arbitration

Definition:
Process in which a neutral third party (arbitrator) hears arguments from disputants, then issues a decision. Whether court-annexed or private, this process tends to be more formal and judicial than other ADR processes, but less formal than a court procedure.

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 Mediation Resources

 


Search Mediation resources in our resource center:

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Mediation Hot Topics

 
Topics Related to Mediation:

  • Contracts
  • Leases
  • Small Business Ownership
  • Employment
  • Divorce

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West Virginia Mediation Attorney

 
If you live in the following cities and need an Mediation attorney you should contact our Mediation Attorney as soon as possible:

  • Barboursville
  • Beckley
  • Bluefield
  • Bridgeport
  • Buckhannon
  • Charles Town
  • Charleston
  • Clarksburg
  • Elkins
  • Elkview
  • Fairmont
  • Grafton
  • Harpers Ferry
  • Huntington
  • Hurricane
  • Keyser
  • Logan
  • Martinsburg
  • Morgantown
  • Moundsville
  • Oak Hill
  • Parkersburg
  • Princeton
  • Saint Albans
  • Vienna
  • Weirton
  • Wellsburg
  • Wheeling
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