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MEDIATION

A retired judge once said that “trial is a terribly expensive and emotionally draining way to resolve a matter, and it rarely satisfies the parties.” Trials can also result in long-term damage to relationships, especially among family members and business partners. Mediation is an efficient and effective option to resolve disputes, a forward-looking process that can help end unproductive conflict and preserve valuable relationships. Whether you are mediating voluntarily or because of a court order, the mediation process can help you reach a favorable outcome and reduce or eliminate the uncertainty and cost of going to trial.

 

Most mediations involve half- or full-day sessions where the mediator meets with the parties, listens, asks questions, clarifies interests, conveys settlement offers between the parties, and guides them toward an agreed resolution. A typical mediation session involves brief opening statements followed by private sessions (or only private caucus meetings with no joint session depending on the type of case and other factors), and lasts from a few hours to all day, or multiple days for complex cases and divorce cases involving multiple disputed issues. The mediator will spend time with each party, discussing issues in depth, exploring the parties’ goals and interests, and helping them work toward a possible resolution, then help them prepare a binding written agreement.

 

Although mediation is a facilitative process, we provide directive and evaluative mediation in appropriate cases. The parties may ask the mediator for a mediator’s proposal if the parties are unable to reach an agreement but are willing to consider a suggested resolution. We are willing to provide direction and proposals in our key practice areas where we have sufficient knowledge and experience to be more evaluative, but only where appropriate and the parties agree. 

Online Mediation

In the past, mediations were always conducted in person, but virtual meeting technology has allowed parties to mediate online, which has several advantages to in-person mediation. The primary advantage is convenience; it allows parties to attend mediation sessions from a convenient location, without having to travel. We offer online mediation for a variety of disputes. We charge $300 per hour for online mediation, billed against a fee deposit based on the amount of mediator time you wish to reserve. If you are scheduling a half-day online mediation session, the fee deposit is $1500 (usually split by the parties); if you wish to reserve a full-day session or multiple sessions, our required fee deposit is $3000 per day. For online mediation, the unused balance of your fee deposit is fully refundable at the conclusion of the mediation. 

In-Person Mediation

Although many mediations can be effectively conducted online, some cases call for in-person meetings. For example, online mediation may be too impersonal for a partnership or family dispute where the parties may want to sit down at the table together to resolve the dispute face-to-face and work to preserve and improve their relationship going forward. Or, the parties may simply prefer to mediate in person. In either case, we can accommodate them. We offer in-person mediation for full-day sessions only on a flat-fee basis. Our fee is $5000 per mediation day scheduled, payable in advance. The fee is refundable if the mediation is canceled or rescheduled at least 7 days before the scheduled mediation, less a $300 administrative fee, and a $500 administrative fee if rescheduled or canceled fewer than 7 days before the scheduled mediation. .   

Divorce & Family Mediation

In addition to civil and commercial mediation, we provide divorce and family mediation including property division, support, parenting, relocation cases, separation, prenuptual and postnuptial agreements, estate, trust, probate, real property, and other cases involving a variety of contested matters between married and unmarried couples, co-parents, and adult family members in both Washington and Hawai'i.  

Please request our current fee schedule for additional information regarding fees, fee deposits, cancellation policy, and refundability. 

To schedule a mediation or ask about our services and availability, please call (206) 420-2466 or email westwoodlawoffice@gmail.com. We look forward to working with you.   

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