SERVICE OF MEDIATOR

Rule No: 
9044-2

No Mediator may serve in any Matter in violation of the standards set forth in 28 U.S.C. § 455, except that parties represented by an attorney may waive a conflict arising under 28 U.S.C. § 455(b)(4) after full disclosure of the conflict by the Mediator. An attorney Mediator shall also promptly determine all conflicts or potential conflicts in the same manner as an attorney would under the Washington Rules of Professional Conduct if any party to the dispute were a client. A non-attorney Mediator shall promptly determine all conflicts or potential conflicts in the same manner as under the applicable rules pertaining to the Mediator’s profession. If the Mediator’s firm has represented one or more of the parties, the Mediator shall promptly disclose that circumstance to all parties in writing. A party who believes that the assigned Mediator has a conflict of interest shall promptly bring the matter to the attention of the Mediator. If the Mediator does not withdraw from the assignment, the matter shall be brought to the attention of the court by the Mediator or any of the parties

CROSS REFERENCES: See General Order No. 2012-4 (Technical Corrections to Mediation Program Rules)