Mediation in Washington

When Washington courts refer a case to mediation

RCW 26.09.015(1) lets a court set contested issues for mediation. This can happen before or alongside scheduling a hearing, in any proceeding under Washington's dissolution chapter. The statute frames the mediator's job specifically: reduce acrimony between the parties, and help them reach an agreement that supports the child's close and continuing contact with both parents. Subsection (2)(b) extends this rule to any proceeding involving residential time or other matters governed by a parenting plan. This applies whether the dispute comes up before or after the decree.

How mediators are made available and paid for

Under RCW 26.09.015(2)(a), each superior court may make a mediator available. Courts must use the most cost-effective mediation services readily available, unless there is good cause to use a different provider. The mediator can be professional family court staff, someone from a mental health services agency, or another person or agency the court designates. A county does not need a full family court just to offer mediation. Counties may provide predecree and postdecree mediation at a reduced or waived fee within a year of the dissolution petition being filed. Counties must do so to the extent the state funds it.

The Uniform Mediation Act privilege

RCW 26.09.015(3)(a) states that mediation proceedings under this chapter are governed in all respects by Washington's Uniform Mediation Act, Chapter 7.07 RCW. This means the general mediation privilege and confidentiality rules Washington adopted statewide apply directly to divorce and parenting plan mediation. This chapter does not set up a separate confidentiality scheme.

Limited exceptions for postdecree mediation

Washington carves out narrow exceptions to the mediation privilege. These apply to postdecree mediation required by a parenting plan. Communications from those sessions can be admitted in later proceedings for one limited purpose: proving whether a parent used or frustrated the dispute resolution process without good reason. If the same person serves as both mediator and arbitrator in a required postdecree mediation-arbitration process, communications from the mediation phase may be admitted during arbitration and in judicial review of that proceeding.

Even within these exceptions, a mediator cannot be compelled to testify. The exception is a court order for good cause, weighing the need for the testimony against the mediator's interest in appearing impartial. Only the portion of a communication necessary to the specific exception can be admitted. The rest of the mediation stays protected.

The mediator's role with children and reporting the outcome

Under RCW 26.09.015(4), the mediator assesses the needs and interests of the children involved. The mediator may interview them if that seems appropriate or necessary. Under subsection (5), when the parties reach an agreement through mediation, the mediator reports it to the court and to counsel for the parties. This happens either on the day mediation occurs or at another time the court designates.