Judges Corner by Judge Paula Casey

Mediation Comes of Age

The courts have experienced dramatic changes in the last 20 years. Among the most remarkable and positive changes is the introduction of mediation as a non-adversarial dispute resolution model. Born from the cost and delays of courtroom litigation, mediation has brought with it opportunities to avoid the hostility and discord that often accompany litigation.

Mediation did not become a household word overnight. Over 35 years ago, Thurston County Superior Court began

requiring participation in judge-conducted settlement conferences before trials in all family law matters. Shortly after the adoption of the authorizing law in 1979, Superior Court implemented mandatory arbitration, using local attorneys to resolve civil suits. In 1987, Superior Court began mandating mediation in parenting plan disputes before trials. In 1995, Superior Court created ADR Week, which brought no-cost, and later, low-cost, mediation and settlement conferences to the courthouse. Today, a mediation deadline is included in most civil case scheduling orders.

Each new program alternative dispute resolution initiative has been accompanied by energetic supporters and staunch skeptics. Willingness to try new processes has been, to some extent dependent on who was delivering the service, the reputation of the neutrals, and the recommendations of colleagues. Today, mediation and arbitration are both well-ingrained in the legal culture. These processes bring better resolutions for neighbors, those who work together, those who parent children in common, and many others. The resolutions accomplished through these processes also make more court time available for other cases.

I am highlighting mediation now because 2011 is the 20th anniversary of Thurston County’s Dispute Resolution

Center! The DRC was founded in 1991. The DRC has partnered with the courts since the beginning – participating in the early years of ADR Week, bringing mediators to the District Court to do on-site mediation of small claims disputes, providing mediators for Family Court’s parenting disputes since the beginning, and staffing victim-offender mediation for Juvenile Court.

The Dispute Resolution Center reports that it has helped over 1,500 people in mediation and has provided telephone conciliation services for thousands more. Many of those served never see a lawyer; most do not see the court. Director Evan Ferber, his staff, his board, and his volunteers deserve our recognition for this good work.

The DRC has identified the following local attorneys who are serving or have served as volunteer mediators: Mary Barrett, Laura Eidal, Terra Evans, Jeff Fishel, Joel Green, John Hough, Paul James, Deborah Jameson, Hugh McGavick, Kathleen Moore, Leslie Owen, Ethan Sattelberg, Charity Atchison, Charley Barron, Vickie Kesala, Faith Lumsden, Matt Morbello, George Nesmith, Kris Zabriskie, Sarah Neyhart, Rob Wilson- Hoss, Stan Arnold, B. Jean Black, Larry Rogers, Melissa Burke-Cain, John Hamje, Blakely Lord, Anita Estupinan Neal, Heidi Robbins Brown and David Kauffman. Some names may have been mistakenly omitted. Additional attorneys and judges have served on the Board of the DRC. Currently, Stacie Dee Motoyama, Charley Barron, Judge Brett Buckley, Ethan Sattelberg and Rob Wilson-Hoss serve on the Board. These individuals deserve our thanks for their public service.

Join me in congratulating the Dispute Resolution Center for its 20 years of peace making in our community! And, use mediation whenever possible.

 

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