Agreement to Mediate

WDRC Letterhead with phone number 360-676-0122 and address 206 Prospect St Bellingham WA 98225

AGREEMENT TO MEDIATE

In consideration of receiving services from the Whatcom Dispute Resolution Center, we, the undersigned, understand and agree to the following:

1.      We enter into this mediation in good faith, meaning we will share information, listen carefully, negotiate willingly, and keep any agreements made in mediation. We will cooperate with the mediators and sincerely attempt to resolve the dispute. We will communicate respectfully with one another.

2.      Mediation is a voluntary process, and we may leave at any time. Any agreement we come to will be in our words and can be submitted to a court as evidence of a personal contract between us.  We will agree to a settlement only if we are willing to carry it out.

3.      The mediator(s) will help us through this process in a neutral manner. The mediator(s) will not act as judge, advocate, counselor, therapist, or attorney for any party and will not provide legal advice.

4.      Each of us has the right to consult with an attorney at our own expense at any point during the mediation process, and we may have an attorney review any settlement agreement before it takes effect.  

5.      All mediations are conducted under the Uniform Mediation Act, (Chapter 7.07 RCW).  All mediation communications are confidential and privileged with some exceptions. These exceptions include (1) the agreement to mediate and settlement agreements, (2) threats of violence, (3) plans to conceal or conduct criminal activity, (4) abuse or neglect of a child, elder, or disabled person. Documents and evidence do not become privileged or confidential by being used in the mediation, unless they were created specifically for the mediation. For parenting plan disputes only: In some parenting plan disputes a court can require a mediator to testify as to the good faith participation of the parents.

6.      The DRC may disclose whether the mediation occurred, whether an agreement was reached, attendance, and efforts to schedule a mediation session. Additional non-identifying disclosures may be made for educational or research purposes.

7.      We agree not to subpoena the mediators, any observers, or any representatives of the Center to testify or produce records, documents, notes, or work product in any future judicial or administrative proceedings, except as permitted by law. We further agree not to record the mediation sessions in any manner.

8.      We hereby give up any claims we might have, now or in the future, against the Dispute Resolution Center or its representatives, including the mediator(s), arising from the mediation or any resulting settlement agreement.