Mediation & Arbitration Services Suite B-1, #177, 15600 NE 8Th Street, Bellevue, WA 98008

Mediation & Arbitration Services Suite B-1, #177, 15600 NE 8th Street, Bellevue, WA 98008 Phone:206-465-3500 Fax:425-671-8097 Email:[email protected] www.GaddisMediation.com

Common Attributes of Mediation Formats Attribute Collaborative Traditional Mediation- Settlement Mediation Mediation Arbitration Conference Case Triage for Always done -- Rarely addressed Determined by Set counsel or Best Format of by counsel in by parties or intent of counsel; determined by Specific Case advance lawyers – left to confirmed by signed local court rule mediator stipulation Location Lawyer’s office Lawyer or Lawyer or Private offices or mediator’s office mediator’s office at courthouse Environment Use of 1 room Larger room with Mediation = 1 room 1 main room with primarily; food, separate caucus or shuttle; arbitration Special Master; beverage, rooms for private may be by separate rooms personal comforts meetings of attys, documents-only, for atty & client are provided for clients, mediator tele-conf, one room conferences May the Parties No Possibly, but see Possibly, but see Yes, esp. with Self-Represent? CR2A requiremts CR2A requirements judge as Master Qualifications Bar member, Bar member, Bar member, Bar member, of Lawyers Collaborative mediation training mediation training mediation training Law training req. preferred preferred preferred Qualifications/ Set by counsel; Determined by Determined by Determined by Experience of Collab+mediation counsel; often med. counsel; often retired counsel; often a Mediator training required is a lawyer/judicial judicial officer judicial officer Mediator Not necessary, Not necessary, but Strongly preferred; Required if Spec. Legally Trained but occurs most occurs most often virtually necessary, Master is appt’d often tho’ not req by law by the court Most Common Family Law, Family Law, Civil, Family Law Family Law, Subject Matter Civil, Probate Personal Injury Civil, Pers. Injury Other Persons Allied Support & resource Witnesses, support Proceedings in Who May Be professionals – persons, OK’d per and resource court may be Present (CPA, vocational) advance request persons, reporter open to public Privacy Confidential by Confidential by Confidential by Confidential by contract, law and contract, law and contract, law and contract, law and ER 408 ER 408 ER 408 ER 408 Mediation Facilitative Facilitative or Facilitative, then Evaluative, then Modality evaluative evaluative/directive directive Record Progress notes; CR2A Stipulation; CR2A Stipulation; CR2A Stipulation Maintained CR2A Stipulation possibly final docs Award of Arbitrator Time Meet for 2 hours Meet for ½ day, full Meet for ½ day, full Usually 1 or 2 Allowance or as agreed day or marathon day or marathon hour limitation

Common Attributes of Mediation Formats, page 1 © 2008, Stephen M. Gaddis Number of As necessary and Most (est. 90%) = 1 First mediation, then single Sessions As agreed upon Some: (est. 8%) = 2 Med-Arb or Few (est. 2%) = 3+ Arbitration meeting Drafters of Collaborative Parties, attorneys or Attorneys or Attorneys Final Attorneys mediator (CR2A mediator/arbitrator Documents Stipulation) Subsequent Renew process Mediation, arb., Further arbitration, Mediation, Issues Arise med-arb., or court court if permitted arbitration, court.