Washington
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Washington. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Washington can be found in RSI’s Research Library and in Reports below.
State Legislation
- Washington Revised Code 5.60.070: Mediation
- Washington Revised Code 7.06: Arbitration of civil actions
- Washington Revised Code 7.07: Uniform Mediation Act
- Washington Revised Code 7.70.100: Mandatory Mediation of Health Care Claims
- Washington Revised Code 7.75: Dispute Resolution Centers
- Washington Revised Code 26.09.015: Mediation proceedings
- Washington Revised Code 26.09.15: Mediation in cases involving domestic violence or child abuse
Statewide Court ADR Rules and Policies
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Washington Revised Code 7.75: Dispute Resolution Centers
Washington State Legislature . Jan. 1, 2018Resource Type: Legislation
Abstract: These statutes address the creation of community dispute resolution centers. These community centers may be operated by a municipality, county, or corporation. Services at the center must be provide free of charge. ...
Washington Revised Code 7.06: Arbitration of civil actions
Washington State Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: For counties with populations of more than 100,000, this chapter requires mandatory arbitration for all civil actions involving less that $15,000 or the management of child support payments. For smaller counties, the chapter makes such programs optio...
Washington Revised Code 7.70.100: Mandatory Mediation of Health Care Claims
Washington General Assembly. Revised Code of Washington, Jan. 1, 2013Resource Type: Legislation
Abstract: Revised Code of Washington section 7.70.100 explains the procedures for medical malpractice mediation. "All causes of action, whether based in tort, contract, or otherwise, for damages arising from injury occurring as a result of health care provided...
Washington Revised Code 26.09.015: Mediation proceedings
Washington State Legislature. Jan. 1, 2009Resource Type: Legislation
Abstract: For marriage dissolution cases and parenting plan disputes, this section authorizes the court to refer parties to mediation and sets general guidelines for mediation proceedings. In addition to confidentiality exceptions established in other statutes...
Washington Revised Code 26.09.15: Mediation in cases involving domestic violence or child abuse
Washington State Legislature. Jan. 1, 2007Resource Type: Legislation
Abstract: This section stipulates that the court may only allow mediation for marriage dissolution cases in which there are allegations of domestic violence if the victim requests mediation and provisions are made to allow the victim to have a support person p...
Washington Revised Code 5.60.070: Mediation
Washington State Legislature. Jan. 1, 2006Resource Type: Legislation
Abstract: This section sets confidentiality guidelines for court-ordered mediations conducted before Jan. 1, 2006. With few exceptions, the section prohibits communications made or materials submitted during the mediation proceeding from being disclosed in cou...
Washington Revised Code 7.07: Uniform Mediation Act
Washington State Legislature. Jan. 1, 2006Resource Type: Legislation
Abstract: This statute sets guidelines for privilege and confidentiality of information exchanged during mediation. It also addresses prohibited mediator reports and mediator conflicts of interest. ...
Rules
Washington State Superior Court Civil Rule 53.4: Mandatory Mediation for Health Care Claims
Superior Court of Washington State. March 11, 1997; amended September 1, 2007Resource Type: Rules - Court
Abstract: The court's mandatory mediation program for health care claims is described in this rule. It addresses mediator qualifications and appointment, requirements for mediation attendance and confidentiality, among other topics. ...
Washington State Superior Court Mandatory Arbitration Rules
Superior Court of Washington State. July 1, 1980; partially amended September 1, 2011Resource Type: Rules - Court
Abstract: These rules mandate arbitration for all eligible civil actions filed in superior courts in counties that have authorized mandatory arbitration programs. They provide general guidelines for referring cases to arbitration, assigning arbitrators, conduc...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Assessing Efficiency and Workload Implications of the King County Mediation Pilot
Summers, Alicia; Wood, Steve; Russell, Jesse. Journal of Juvenile Justice, Oct. 1, 2011Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: This comparative study reviewed court files to examine case process and efficiency outcomes for the first 22 cases of the King County, WA pilot child protection mediation program to 28 randomly selected cases where parties opted out of mediation. The...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
An Analysis of Diversity Trainings in United States Community Mediation Centers
Warren, Naomi. Sep. 1, 2009Resource Type: Study
Abstract: In 2009, the Dispute Resolution Center in Ann Arbor, Michigan conducted a study in cooperation with the State Court Administrative Office of Michigan to analyze "diversity trainings at community mediation centers across the country" (p.2). The study ...
Washington State Supreme Court Dissolution Task Force Final Report
Washington State Supreme Court Dissolution Task Force . Dec. 1, 2008Resource Type: Report
Abstract: This report was produced by the Washington State Supreme Court Dissolution Task Force, whose mandate is to "develop statewide protocols for dissolution cases" (p. 1). The report addresses systemic problems of dispute resolution and concludes that the...
An Evaluation of Unified Family Court Pilot Sites in Washington State
Washington State Center for Court Research. Dec. 1, 2004Resource Type: Evaluation
Abstract: This report evaluates the Unified Family Court (UFC) in three pilot sites in Washington: King County, Snohomish County and Thurston County. Using both qualitative and quantitative analysis, the evaluation concludes that UFC "leads to a reduction of r...
Long Term and Immediate Outcomes of Family Group Conferencing in Washington State (June 2001)
Shore, Nancy, et al. Restorative Practices Eforum, Sep. 1, 2002Resource Type: Study
Abstract: The article presents the findings of a study of 70 family group conferences (FGCs) involving 138 children around Seattle, Washington. The study evaluated family plans and post-conference activity (e.g. whether the child was taken back into custody). ...
A Meta-Analysis of Six Washington State Restorative Justice Projects: Accomplishments and Outcomes
Rowe, Wendy E.. Jan. 2, 2001Resource Type: Study
Abstract: This study looked at six grant projects operating in five counties in Washington. The projects provided services to juveniles in the justice system and victims impacted by crime. The projects were multi-dimensional, providing a variety of services, i...
Washington State Parenting Act Study
Nye, Diane N.. Jun. 1, 1999Resource Type: Study
Abstract: This study analyzes the Washington State Parenting Act in order to "gather information about how parents seeking a dissolution of marriage make arrangements for parenting, and how those arrangements operate after the marriage is dissolved" (p. i). Th...
Civil Mediation in the Western District of Washington: A Brief Evaluation
Estee, Sharon L.. Sep. 21, 1987Resource Type: Study
Abstract: In this study, a program begun in 1979 was evaluated to determine the effect of mediation on settlement, time to disposition and trial rate. In the program, volunteers mediate cases that were not resolved through settlement conference. The study comp...
Contacts
Washington State Bar Association Alternative Dispute Resolution Section
Washington State Bar Association Alternative Dispute Resolution Section.Resource Type: Organization
Abstract: The Washington State Bar Association Alternative Dispute Resolution Section website describes various alternative dispute resolution (ADR) processes, lists upcoming events and provides links to newsletters and other organizations. Individuals may sig...