Is the Dispute Resolution Center part of the King County government?
No. The DRC is a separate, independent non-profit organization; King County in
Washington State is the
geographical area that our DRC covers. We get some funding from King County, but
are not a program of the county government.
Is the DRC part of the court system?
No. We're a separate, independent non-profit organization. If you have a small
claims court case pending, or are thinking about taking someone to court, you might
want to consider mediation as a positive alternative. We have mediators in all the
small claims courts in King County, or you can call us to set up a mediation in
advance.
Does the DRC give legal advice?
No, we're not acting as lawyers and can't give legal advice. If you need legal advice,
we can refer you to free and low-cost legal resources. In addition, we may be able
to help you with your dispute. Mediation is a confidential, positive, cheap, fast,
flexible, and effective alternative to litigation, and in many situations is more
satisfactory to all parties.
Can the DRC change my court date?
If you and the other party both agree that you would like to postpone your court date
in order to give you time to mediate, we can have you sign a request, which we will send
to the court, asking for a continuance (postponement to a later date). If you wish to
change your court date for any other reason, you will need to contact the clerk of the
small claims court in which your case was filed. The clerk can tell you how to proceed.
Look for the court contact information on your court papers.
Can you still help if one of the parties lives outside King County?
We may be able to help you if your dispute can be resolved over the phone. If your
dispute would need to be resolved with face-to-face mediation, the out-of-town party or
parties would need to come to King County.
Are there dispute resolution centers outside King County?
Yes. There are 18 other dispute resolution centers in Washington
State, all of which are listed on Resolution Washington's Web site, at
www.resolutionwa.org. Also, the DRC
is a member of the National Association for Community Mediation,
which has contact information for over 550 dispute resolution centers
around the country and beyond. Their Web site is at
www.nafcm.org.
My dispute involves a sensitive issue. Is mediation confidential?
Yes. DRC mediations are confidential as provided by Washington State law
(RCW 7.75).
The mediation conversation is private and confidential. A signed written agreement
coming out of a mediation could be used as evidence in court, however, and if the
mediator heard threats of violence or information about abuse of a vulnerable person,
he or she would report that to the DRC's Executive Director.
Is mediation the same as arbitration?
No. In arbitration, the arbitrator listens to both parties and then makes a ruling,
a bit like a judge. In mediation, the mediator helps the parties create an agreement
themselves, and the mediator doesn't make any ruling or decisions for the parties.
Is a mediated settlement legally binding?
Yes, signed written agreements can be used in court as evidence of a contract between
the parties.
Does mediation work?
Yes! Most people who mediate are able to reach an agreement together, and most people
stick to their agreements. Even if people don't reach a resolution, they often find
it helpful to gain greater insight and clarity into their own and the other party's
perspective and the options available.
What if the other party in the dispute won't agree to mediate?
Mediation is voluntary, so all parties must be willing to mediate before we can set up
a mediation. The DRC can't "make" anyone mediate. However, if the other party in your dispute
isn't interested in mediation, we can still help. Our telephone conciliators and
mediators are skilled in helping people to think through the alternatives available
to them, and to clarify the pros and cons of different
choices so that they're making informed decisions as to how to handle their dispute.
What if the other party doesn't stick to the agreement we made through mediation?
DRC mediators are trained in asking the kind of questions that help people create
realistic and durable agreements. But sometimes agreements break down.
If so, you have some choices. You can talk with the person directly and renegotiate
your agreement if you wish. You can call us and have us help with renegotiation.
Or you can go to court and ask the judge to enforce the agreement.
How do I become a DRC mediator?
If you don't have any prior mediation experience, then you would start out as a
telephone conciliator and then as a court mediator, gaining experience as a neutral
third party working over the phone and in person at small claims court. You could
then apply to join the DRC mediation practicum and become certified as a DRC mediator.
If you are already certified as a mediator from another DRC, then if accepted,
you could move straight into doing DRC community mediations.
If I want to be a mediator with the DRC, do I have to be a lawyer?
No. Some of our mediators are lawyers, but a legal background is not necessary
for community mediation. We welcome volunteers from diverse backgrounds and life
experiences.
What kind of training do DRC mediators have?
DRC mediators are community volunteers from all walks of life who have completed a 40
hour professional training in mediation, completed a supervised mediation practicum, and
been certified as mediators. Many also have additional advanced training in marriage
dissolution, parent-teen, workplace, multi-party, and victim-offender mediation
training.