WMA Jan/Feb 2026 Newsletter
| IN THIS ISSUE: President’s Message ∙ Washington Foreclosure Mediation Program Update ∙ Conversation with Leslie Ann Grove on AFCC’s New Model Standards for Family and Divorce Mediation ∙ ABA FORMAL OPINION 518 ∙ Mediator’s Café ∙ Educational and Training Opportunities ∙ Featured Resources ∙ Board Announcements ∙ Call for Volunteers
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WMA President’s Message – January/February 2026 Happy New Year everyone! January is a wonderful month because it holds the hope that all the plans and promises we make to ourselves will manifest in the coming year. In 2025 you told us that you want more chances for personal interactions with other members and opportunities for professional development. My promise is to work with the Board on its goal to create the thriving mediator community that you asked for. There are three interactive projects in the works: · “Mediators Platter & Chatter Club” (Pilot Program): Members who sign up will commit to meeting for dinner once a month for six months with another WMA member(s) in the Club. Dinner will be at a restaurant within driving distance from your home or office. The Club is our chance to eat good food, talk shop, and share our love of mediation. · “Mentor Mediator is In” (In the creation stage): Program to allow mediators to call more experienced WMA member mediators about issues that arise in mediation or any other mediation question. · “The Mediators Challenge” (in the brainstorming stage): A WMA sponsored annual event to allow students and mediators to test their knowledge and skills individually and in teams. If you want to be part of the creative team for any of these projects, send me an email through admin@washingtonmediation.org. —Michelle Hansen |
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WASHINGTON FORECLOSURE MEDIATION PROGRAM UPDATE: “HOUSING STABILITY OUTLOOK IN WASHINGTON” — Contributed by Paula Emery and Jody Leff. The following article excerpt is reprinted from the November 2025 issue of Washington State Bar News by permission of the Washington State Bar Association. Any other use of this material without the express written permission of the Washington State Bar Association is prohibited. Access the full article here. “Senate Bill (SB) 5686, passed in the 69th Legislature (2025) and signed by the governor, makes significant revisions to Washington’s Foreclosure Mediation Program, including expanding eligibility, establishing a new funding mechanism, refining processes and timelines, enhancing transparency and resources, and has staggered effective dates, many of which began July 27, 2025, with others being phased in through Jan. 1, 2028. The legislation’s stated intent is to expand access to and permanently fund Washington’s foreclosure/foreclosure-mediation system and explicitly extend it to unit owners delinquent on association assessments. National and statewide data indicate that there is a large and growing population of homeowners living in community associations. The Community Association Institute indicates that there are roughly 10,850community associations in Washington and nearly 1 million homes in those associations… SB 5686 extends mediation access beyond homeowners to unit owners whose property is included within a common interest community (CIC), such as condominiums who are delinquent, or at risk of delinquency, on association assessments. This means individuals facing potential foreclosure due to unpaid common-interest community fees now have access to foreclosure mediation, a notable broadening of relief… Mediators should be ready to facilitate discussions between unit owners and their associations, focusing on payment plans, assessments adjustments, or reinstatement agreements. Meet-and-Confer Process and Mediation Logistics SB 5686 refines existing procedures and timelines such that a notice of delinquency must be mailed to a unit owner within 30 days of an assessment becoming past due. Further, meet-and-confer sessions between the unit owner and association must occur, but associations do have to wait 15 days post-notice before taking further action. There is a prohibition during mediation: If a unit owner has been referred to mediation, the association cannot proceed with foreclosure until mediation concludes. Remote mediation and meet-and-confer sessions are allowed under the law. Unit owners must provide proof of payments not reflected in records, hardship statements, and any proposed payment plan. Reporting & Transparency Enhancements The Washington State Department of Commerce must report to appropriate legislative committees (not just Senate Housing) with expanded data on:
Staggered Effective Dates & Expirations
This statute provides an opportunity for attorney mediators and community mediators to engage in cross-sector collaboration, aligning with housing counselors, the Office of the Attorney General, and legal aid to serve clients comprehensively… For the many professional practitioners contributing to this caseload, staying ahead of these changes means evolving practices to serve a broader client base, complying with updated processes, leveraging new resources, and reinforcing the role of mediation as a vital tool in community and homeowner stability…Additional information about the program from the Washington State Department of Commerce can be found at www.commerce.wa.gov/homeownership/foreclosure-fairness.” Learn more about the authors Paula Emery & Jody Leff.
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Unpacking the New AFCC Model Standards for Family and Divorce Mediation- WMA Board member Leslie Ann Grove is the Executive Director of the Northwest Mediation Center in Spokane, WA, and teaches Mediation Theory and Practice as an adjunct at Gonzaga University School of Law. She also currently serves as President of the Board of Resolution Washington. Leslie Ann has been mediating since 1986, entering the field from a background as a family law attorney. What do you see as the key changes under the new model rules? There are a lot more “shalls” than there are “shoulds”. So, it really is much more authoritative. Then they’ve reordered the standards. My impression is that was a prioritization – with the most important ones coming first. But the biggest thing for me is the focus on barriers – 11 standard dynamics that may stand in the way of a successful mediation. Domestic abuse and child maltreatment are two things that are listed quite strongly. The standards also talk about mediator training in matters of domestic abuse and child maltreatment. Also, technology – that’s a brand-new section. What stands out for you about the new requirements for mediator training? The biggest thing I think that causes some concern is the child-centered mediation process. That particular standard seems to put a lot of a lot of responsibility on mediators to have an influence on the parties’ resolution. [The standard says the] mediator is supposed to take training in child centered interviewing. In the practice that I’ve been part of for some time now, since 1987 actually, we have never thought that it was acceptable for a mediator to interview a child directly. The mediator can have contact with the child’s guardian ad litem, or the child’s attorney. But the idea that it is OK for a mediator who is not a therapist, psychologist, or social worker to have direct contact with the child… Certainly a 17-year-old needs to have more of a voice in in what’s going on in their life than a 3-year-old or a 7-year-old – but none of that is differentiated in the in the standards and that causes me some concern. There seems to be a lot of pressure on the mediator to influence the parties in a way that appears to the mediator to be the best. We really do have to be careful that we aren’t asking mediators to become more therapeutic. I think there’s a philosophical question here that’s really important and that is: Are we being facilitators of a conversation or are we doing something else? Are we leaning toward advocacy? Advocacy for children is not an evil thing, but is that our lane? It is maybe introducing a possibility for role confusion. What is the purpose of the new emphasis on examining potential mediation barriers with parties? What are your thoughts on this approach? The goal of those barrier conversations seems to be for parties to pay a bigger role in deciding whether mediation is the right forum for them. I think good questioning in the mediation itself can help the parties actually discuss what those barriers are, if you have enough trust with your parties by the time you get to that. There’s a limit to how much pre-screening can be done without damaging the process. When you pre-screen too much, you [risk] parties getting into a mindset about what this is all about. All of a sudden, it’s back into what’s like the judicial system. I really am in favor of [mediation] being a people’s initiative, and not one that becomes so systematized that we lose the fact that we’re just we’re just people sitting down and talking. Our job is to help them talk. The more we systematize it the more we suggest that we are the authorities, and I think the further away we get from it being a people’s process. As you mentioned, there is also a new section on technology. What do you think are the take-home messages on the use of technology? What it really ends up saying is that you have to be sure what you’re using is not only adherent to confidentiality issues but also doesn’t stand in the way of parties being able to participate in in mediation. When we first started using Zoom, we realized in Eastern Washington, where I am, that Zoom- ohh boy – that’s wonderful! Unless [parties] don’t have access to secure or stable Internet or computers or can only access Zoom on their phone – and that doesn’t necessarily help to have a good mediation situation. So, we do need to keep up with technology: what’s available for us to use and what the pros and cons are. And we certainly have to treat all of our data that’s stored and processed as confidential and protected. [The model rules] say mediators should regularly evaluate the technology that they’re using and think in terms of ethical, legal, and practical implications. The onus is on all of us. So that’s an important new difference. For a deeper dive on these standards, watch this newsletter for additional details on an upcoming WSBA CLE, “Standards That Shift Practice: How the 2025 AFCC Updates Shape the Future of Family Mediation”, presented by Leslie Ann Grove and Jeff Smoot.
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ABA FORMAL OPINION 518: UPDATED COMMUNICATION GUIDANCE FOR LAWYER-MEDIATORS –Contributed by Elisa Ford On October 15, 2025, the American Bar Association (“ABA”) issued new guidance about how lawyers serving as third party neutrals (“lawyer-mediators”) should communicate their role to parties under the ABA Model Rules of Professional Conduct 2.4 and 8.4(c). See Formal Opinion 518 (Oct. 15, 2025) (“Opinion 518”). As the Opinion makes clear, lawyer-mediators are not done at disclosure. Explain and Guard Role Boundaries Model Rule 2.4(b) requires lawyer-mediators to, “inform unrepresented parties that the lawyer is not representing them” and “explain the difference” between neutral and representative roles as needed. ABA Model Rules of Professional Conduct 2.4. Opinion 518 advises that this requirement consists of more than pro forma disclosure; lawyer-mediators should “afford” parties who are unrepresented or not “sophisticated consumers of mediation services” a real “opportunity to discuss” the difference between the roles. Formal Op. 518, Section II, pg. 2. In addition, Opinion 518 advises lawyer-mediators to “be vigilant in conducting the mediation to avoid creating the impression that the lawyer-mediator will be providing the protections of the lawyer-client relationship.” Formal Op. 518, Section II, pg. 3. For example, when explaining “a mediator’s confidentiality obligation” the lawyer-mediator should be clear that the “source of the obligation is not a client-lawyer relationship, and that the attorney-client privilege does not apply.” Id. In the same vein, Opinion 518 advises lawyer-mediators to take special care not to suggest they are acting in a party’s best interest or believe a particular settlement would be in a party’s best interest, as this conduct might mislead parties into believing that the lawyer-mediator is taking on an advocacy role. Id. Lawyer-mediators must also be careful to share only general legal information and not give legal advice (i.e. guidance about how to achieve a preferred result or an opinion about what resolution is best given the likely court outcome). Id. Opinion 518 warns that a lawyer-mediator who crosses the line risks inadvertently creating a lawyer-client relationship that is “incompatible with the mediator’s role as a neutral”. Formal Op. 518, Section III, pg. 4, FN 7. Speak with Precision- Not Puff ABA Model Rule 8.4(c) prohibits all lawyers, whether acting as advocates or mediators, from, “engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation”. ABA Model Rules of Professional Conduct 8.4(c). Still, for lawyers in an advocacy role, some “leeway” for theatrics is left open as part of the negotiation process. Formal Op. 518, Section III, pgs. 4-5. Opinion 518 clarifies that lawyer-mediators do not enjoy the same latitude for “puff” and specifically may not: (1) exaggerate to “lead the parties to an agreement” (for example falsely asserting that “this is the best offer the opposing party will make”); or (2) give “credence” to statements they know are false by “suggesting that the lawyer-mediator credits them or by implying that the opposing party should do so”. Formal Op. 518, Section III, pg. 5. Instead, mediators are expected to communicate proposals with precision. The full opinion is available here. For more on this topic, find some interesting commentary here and here. |
| MEDIATORS CAFE
Join us for WMA’s monthly virtual Mediator’s Café! An interactive 90-minute Zoom forum where members and others in the community come together to learn key mediation skills and network. Upcoming Cafés: · 1/21/25 at noon, “How to Create Your Find-A-Mediator page on the WMA website” · 2/18/26 at 5:00PM, “Body Language in Mediation”, presented by Felicia Staub. Please send ideas and presenters for future cafés to Felicia at felicia@empoweredcommunications.org. The Mediator’s Café is free to WMA members! RSVP to admin@washingtonmediation.org for a Zoom link. Non-WMA members are also welcome to attend for a fee of $15 per session. Register today!
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| MEDIATOR MOMENT
Jennifer Talbot, Executive Director of the Wenatchee Valley Dispute Resolution Center, recently published an Op Ed in the Wenatchee World, sharing some of her reflections on the practice of learning, “how to listen, how to stay curious, and how to respond with grace, patience, and empathy”. Access the full Op Ed here!
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| EDUCATIONAL AND TRAINING OPPORTUNITIES
· Join the Sexual Violence Law Center (“SVSL”) for their FREE virtual Lunch Matters CLE Training Series on the third-Thursday of every month from 12-1:15pm. Open to attorneys and anyone else supporting survivors with safety needs (including mediators!). Next training is January 15th! Register here. SVLC also provides FREE access to recordings of prior presentations here (CLE credit for live attendance only). · Webinar: “Managing Client Expectations in Mediation”, WSBA Dispute Resolution Section. Presented by Judge Laura C. Inveen (Ret.), Saloni Mavani, and Jason Rosen. January 21, 2026, 10-11AM, 1 CLE. Free to DRC Section members, $35 for non-section WSBA members. Event link. · 28th NW Dispute Resolution Conference March 26 and 27, 2026, at the University of Washington School of Law. Keynote Speaker: Bernie Mayer, Professor Emeritus of Conflict Studies, Creighton University, and a founding partner of CDR Associates. Plenary Speakers: Colin Rule, CEO of mediate.com and ODR.com, and Julie Mcfarlane, Emerita Distinguished University Professor of Law at the University of Windsor. · Save the Date! 19th Annual Conference of the Collaborative Professionals of Washington, Marriott Tacoma, WA, March 12-14, 2026. Registration opening soon! · ABA Section of Dispute Resolution Skills Summit, April 15, 2026, 9:00AM-1:00PM PST, Virtual, · For training opportunities at DRCs across WA, Do you have an event you would like to share? Email: elisa@trailhead-mediation.com.
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| FEATURED RESOURCES
Ever wonder what resources other WMA members are using? Check here for rolling member- recommendations! · Bill Lincoln Archives: To honor the memory of William F. Lincoln (“Bill”), a WA State-based pioneer in the field of dispute resolution internationally renowned for his impactful work in a variety of sectors, Mediate.com has joined forces with a group of Bill’s family and former colleagues to share some of Bill’s work with the public. New materials are posted on a rolling basis. Check it out here! · Psychological Safety –FREE access to a wealth of information about psychological safety in decision-making – including links to tools, templates, videos, articles, and a podcast. · Holiday Communication Guide– Blog post from WMA Board Member Felicia Staub, re: how to productively engage in those difficult conversations that so often happen during holiday gatherings. Do you have a resource (book, podcast, blog, etc.) to share with WMA’s community of learners? We’d love to hear about it! Email: elisa@trailhead-mediation.com; Subject Header: WMA Newsletter.
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| WMA BOARD ANNOUNCEMENTS
New Address! Please make a note of our NEW MAILING ADDRESS: Washington Mediation Association Member Benefit: WMA invites all members to set up their mediator profiles on WMA’s website! This is an included benefit to all WMA members and allows you to share information about yourself and your practice that will help connect you with potential clients and network within the WMA community! Check it out!
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| VOLUNTEER WITH WMA
WMA is powered by volunteers! Put your passion for peaceful resolution to work and help us offer more opportunities for education, training, and connection! Email: admin@washingtonmediation.org. Find out About Certification with WMA
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| WMA NEWSLETTER
Share your voices! Email your thoughts or content suggestions to: elisa@trailhead-mediation.com;
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| WMA BOARD OF DIRECTORS
Michelle Hansen, WMA President, Fall Conference Committee Chair, Seattle, WA Felicia Staub, WMA Secretary, Mediator’s Café Coordinator, Yakima, WA Kris Torset, WMA Treasurer, Aberdeen, WA Marcus Lang, WMA Past President, Fall Conference Committee, Suquamish, WA Leslie Ann Grove, WMA ResWA Liaison, Website Coordinator, Spokane, WA Deborah Josephson, WMA Certification Committee Chair, Tacoma, WA Danielle Miercort, WMA Certification Committee, Edmonds, WA Frederick Arcala, WMA Outreach Committee Chair, Certification Committee, Everett, WA Sam Imperati, WMA, Seattle, WA Elisa Ford, WMA Newsletter, Seattle, WA |