If the parties fail to reach an agreement, they can negotiate mediation and arbitration of the TEDRA. An interested party can begin with mediation or arbitration of the TEDRA by filing a citation and petition, identifying the dispute and requesting discharge. In mediation, the parties negotiate a resolution with the help of a trained mediator. If mediation fails, a party can submit and send a copy of the arbitration to all parties involved. As part of the arbitration process, the parties must submit their arguments to an arbitrator who then makes a dispute resolution decision. Each party can challenge the arbitrator`s decision before the Supreme Court. (d) The arbitrator`s award must be determined by a written agreement between the parties and the arbitrator. The arbitrator must be compensated for the rate of pay indicated by the arbitrator for his action as an arbitrator of disputes in trusts, discounts and non-proprobate cases, unless the parties or virtual representatives of the parties otherwise agree. (8) Cost of mediation. The costs of mediation, including adequate compensation for the Ombudsman`s services, are borne equally by the parties. The details of these costs and costs, including compensation for the mediator, must be defined in a conciliation agreement between the Ombudsman and all parties to the case.
Each party bears its own costs and expenses, including counsel`s and witness costs, related to the mediation process: a) unless this may otherwise occur, as provided in RCW 11.96A.320, or (b) unless the matter is resolved through mediation and the arbitrator or court ultimately directs the matter otherwise. (f) The arbitrator and the parties execute a written agreement with the terms of the arbitration and the procedure to be followed. This agreement must also include the pricing agreement provided at point (d) of this subsection. A dispute over this agreement must be resolved by the Director of Arbitration Procedure. (7) Conciliation agreement. A resolution of the issue that is the subject of mediation must be established by an out-of-court dispute settlement agreement in accordance with rcw 11.96A.220.