Expert Advice When You Need It Most
Is a party able to cancel a mediation agreement under Washington state mediation laws
Recently my case went to mediation(I'm the plaintiff). Late in the day of mediation some numbers were presented to me by the defense which drastically reduced the potential for any award the jury might give me if I won. Two days later, after the mediation was finished and signed, I realized that the defenses numbers were wrong. In the state of Washington is there a period of time that an individual can "backout" or cancel an agreed
Attorney answers (2)
In Washington there is no period of time in which to “back out” of or cancel” a settlement agreement reached at a mediation. Worse for you, under Washington law everything said at a mediation is confidential, and no court would even consider the numbers presented to you by the defense at the mediation even if you brought a motion asking that the agreement be declared invalid. Unfortunately, you are stuck with your agreement.
MARK ROSENCRANTZ | PARTNER STANISLAW ASHBAUGH T. 206.386.5900 | F. 206.344.7400 MROSENCRANTZ@LAWASRESULTS.COM WWW.LAWASRESULTS.COM Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes only. It is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice addressed to your individual situation.
Add comment
I do not practice law or mediation in Washington State however, in California, lawyers that are mediators have requirements relating to conflict of interest, bias, and adverse interests. Lawyers are required to disclose (any possibilities of bias, conflict, etc), get consent, and do so in writing. If your mediator was a lawyer, due diligence may discover an existing relationship with the opposing counsel. Again it's a long shot for many reasons; 1) you have to check the Professional Responsibility laws required of lawyers in your state, 2) if you didn't sign a consent form, you would have to find out if there are any glaring connections between opposing counsel and your mediator/attorney, 3) I am presuming your mediator was a lawyer, and 4) you'd have to sell the "conflict of interest" and "failure to disclose" to a Judge. Just a thought...
WARNING: This communication does not create an attorney-client relationship and is not intended to create an attorney-client relationship. This communication is for informational purposes only. It is not, nor is it intended to be, legal advice. Consult an attorney for legal advice. Related Questions2 Attorney answers: 
Asked by a user in Dallas, TX - over 2 years ago. 1 Attorney answers: 
Asked by a user in Tacoma, WA - over 3 years ago. 2 Attorney answers: 
Asked by a user in Dallas, TX - almost 3 years ago. Find Ethics Lawyers |