Mediation, Dispute Resolution, and Parenting Seminars in Washington

Mediation while the case is pending

In any proceeding under chapter 26.09, the court may set contested issues for mediation before, or at the same time as, the hearing. The stated purpose is to reduce acrimony and develop an agreement that assures the child’s close and continuing contact with both parents (RCW 26.09.015(1)).

• Each superior court may make a mediator available, using the most cost-effective services readily available, and the mediator may be on the staff of a family court or mental health agency or another person the court designates (RCW 26.09.015(2)(a)).
• Counties may provide mediation before and after the decree at a reduced or waived fee within one year of the filing of the dissolution petition, and must do so to the extent state funding is provided (RCW 26.09.015(2)(b)).
• The mediator assesses the child’s needs and interests and may interview the child if appropriate (RCW 26.09.015(4)). Any agreement is reported to the court and counsel (RCW 26.09.015(5)).
• Mediation is governed by the Uniform Mediation Act, chapter 7.07 RCW, with the limited exceptions in RCW 26.09.015(3) for post-decree mediation required by a parenting plan. See the evidence guide.

When there has been domestic violence or child abuse

The legislature has stated that mediation is generally inappropriate in cases involving domestic violence and child abuse. Where appropriate, parties are to be given access to trained domestic violence advocates, and if a victim requests mediation, the court may allow it on a finding that mediation is appropriate, with the victim allowed a supporting person present (RCW 26.09.016).

• The court shall not order a dispute resolution process other than court action if it finds that a limiting factor under RCW 26.09.191 or 26.09.192 applies, or that either parent cannot afford the proposed process (RCW 26.09.187(1)).
• If there has been a finding of domestic violence, the court shall not require face-to-face mediation, arbitration, or interventions, including therapeutic interventions, that require the parties to share the same physical or virtual space (RCW 26.09.191(6)(b)).

The dispute resolution section of your parenting plan

Every permanent parenting plan must provide a process other than court action for resolving disputes, unless RCW 26.09.187 or 26.09.191 precludes or limits it. The process may include counseling, mediation, or arbitration by a specified person or agency, or court action (RCW 26.09.184(4)). In that process:

• Preference is given to carrying out the parenting plan.
• Parents use the designated process for disputes about implementing the plan, except disputes about financial support, unless there is an emergency.
• A written record is prepared of any agreement reached in counseling or mediation and of each arbitration award, and given to each party.
• If the court finds a parent used or frustrated the process without good reason, it shall award attorneys’ fees and financial sanctions to the prevailing parent.
• The parties have the right of review in the superior court.

When parents share decision-making but cannot agree, they must make a good faith effort to resolve the issue through the dispute resolution process (RCW 26.09.184(5)(c)). In choosing a process, the court considers differences between the parents that would substantially inhibit their participation, their wishes and any knowing and voluntary agreements, and differences in their financial circumstances (RCW 26.09.187(1)).

Settlement conferences

Where court rules provide for mandatory settlement conferences, the parents must attend one. A judge or court commissioner presides and applies the criteria in RCW 26.09.187 and 26.09.191, the parents review the proposed parenting plans in good faith, and facts and legal issues that are not in dispute are entered as stipulations for trial (RCW 26.09.181(5)). Whether your county uses them is set by local rule.

Parenting seminars

Parenting seminars are set by court rule. Any court rule that implements parenting seminars must provide that opposing parties are never required to attend together, and that on a showing of domestic violence or abuse that would not require mutual decision-making under RCW 26.09.191, or that a parent’s attendance is not in the children’s best interests, the court either waives the seminar or provides an alternative voluntary seminar for battered spouses or domestic partners. The court may also waive the seminar for good cause (RCW 26.12.172). Check your county’s local rules to see whether a seminar applies to your case.

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• RCW 26.09.015, mediation proceedings
• RCW 26.09.016, mediation and domestic violence or child abuse
• RCW 26.09.181, mandatory settlement conferences
• RCW 26.09.184, dispute resolution in the parenting plan
• RCW 26.09.187, criteria for dispute resolution
• RCW 26.09.191, limitations and domestic violence findings
• RCW 26.12.172, parenting seminars
• Chapter 7.07 RCW, Uniform Mediation Act