Frequently Asked Questions
What is Mediation?
Mediation is a way for two or more people who have a conflict to reach a resolution outside of court. Mediation is impartial, confidential, and voluntary. The mediator’s role is to facilitate a civil, fair conversation in which both people can be heard in a safe environment with the goal of reaching agreements. Those agreements can become a court order or a contract that is legally binding, or it can be an informal agreement that the parties promise to follow through on.
Mediation can be done with everyone in the same room, talking direct to one another with the mediator facilitating that conversation. Mediation can also be done with the parties in different rooms, with the mediator moving between those rooms and sharing information only with the party’s permission. Often, mediation is a blend of those two styles.
Does the Mediator Decide My Case?
No, the mediator’s role is to be neutral and to help the parties reach their own agreements. Ms. Zinn has extensive experience in the neutral role that mediation requires. She is a retired Washington State Superior Court Commissioner who has 18 years of experience in trial and appeals courts, expertise in multiple areas of law, and a practical understanding of what is at stake to have a judicial officer decide your case and to go to trial. She will only share her experience and understanding when the parties want that information. Further, that information is not legal advice or meant to sway the parties’ decisions, but it can be used as background information to help reach resolutions. The parties can have their own lawyers present and, if they do, Ms. Zinn highly encourages the parties to listen to their lawyer’s advice.
Is My Case Ready for Mediation?
Mediation is a voluntary process. Parties must be willing and able to negotiate in good faith to resolve their case. In order to mediate, all of the people who are needed to make a decision in the case must be present. Parties can mediate with or without a lawyer.
Some cases may not be right for mediation, including cases in which there is a pending guardian ad litem (GAL) report, CPS is actively involved, or there is an active domestic violence protection order for the parties. The Court might require you to go to mediation whether you feel ready or not. If you do not feel ready to mediate but it is court-ordered, Ms. Zinn will guide you through how to fulfill your court obligation.
When is Mediation Scheduled?
Mediations are generally scheduled for an entire day, up to eight hours (9 – 5 p.m.) unless it is agreed by all parties and the mediator to extend the session beyond 5 p.m. or to a second mediation session when needed.
The parties and their lawyers must be prepared to attend the mediation all day and agree to not double-book themselves that day.
Rest breaks will be provided as needed. For those attending mediation in-person, bringing a lunch and snacks is recommended. Bringing a laptop or notebook can also be useful.
Ms. Zinn wants mediation to work for everyone, so please let her or her staff know if any accommodations are needed or desired. To schedule a mediation, please email rebekah@birchstreetlaw.com or call Rebekah at (360)545-5632.
Where is Mediation held?
Mediation can be in-person at Birch Street Law in Shelton, Washington, or another location convenient to the parties and agreed ahead of time. Zoom mediation is available as well.