Ordinance 3751-20 - Laserfiche WebLink

1 (A) Abuse, neglect, abandonment, exploitation, or unlawful 2 harassment., as defined in RCW 9A. 46. 020 (1) , of a child; 3 (B) Abuse or unlawful harassment as defined in RCW 9A. 46. 020 (1) , 4 of a family or household member or intimate partner, each as defined 5 in RCW 26. 50. 010 ( ( (2) ) ) ; or 6 (C) That a parent used or frustrated the dispute resolution 7 process without good reason for purposes of RCW 26. 09. 184 (4) (d) . 8 (ii) If a postdecree mediation-arbitration proceeding is required 9 pursuant to a parenting plan and the same person acts as both 10 mediator and arbitrator, mediation communications in the mediation 11 phase of such a proceeding may be admitted during the arbitration 12 phase, and shall be admissible in the judicial review of such a 13 proceeding under RCW 26. 09. 184 (4) (e) to the extent necessary for such 14 review to be effective. 15 (b) None of the exceptions under (a) (i) and (ii) of this 16 subsection shall subject a mediator to compulsory process to testify 17 except by court order for good cause shown, taking into consideration 18 the need for the mediator's testimony and the interest in the 19 mediator maintaining an appearance of impartiality. If a mediation 20 communication is not privileged under (a) (i) of this subsection or 21 that portion of (a) (ii) of this subsection pertaining to judicial 22 review, only the portion of the communication necessary for the 23 application of the exception may be admitted, and such admission of 24 evidence shall not render any other mediation communication 25 discoverable or admissible except as may be provided in chapter 7 . 07 26 RCW. 27 (4) The mediator shall assess the needs and interests of the 28 child or children involved in the controversy and may interview the 29 child or children if the mediator deems such interview appropriate or 30 necessary. 31 (5) Any agreement reached by the parties as a result of mediation 32 shall be reported to the court and to counsel for the parties by the 33 mediator on the day set for mediation or any time thereafter 34 designated by the court. 35 Sec. 14. RCW 41 . 04 . 655 and 2018 c 39 s 2 are each amended to 36 read as follows: 37 Unless the context clearly requires otherwise, the definitions in 38 this section apply throughout RCW 41. 04 . 650 through 41. 04 . 670, 39 28A. 400. 380, and section 7, chapter 93, Laws of 1989. p. 24 SHB 2473 .SL