Legal Question in Family Law in Washington

Unfair Mediator's decision

Hello,

My friend who lives in Arlington,state Washington, was heavily penalized for not selling the family house after he and his wife were divorced in March 2006. The Mediator was completely sympathetic to his wife's position and ignored all relevant facts on why the house wasn't sold.

Below is extract from my friend's letter: ''The Mediator has declared that I will refund from home sale proceeds: wife's

mortgage contributions retroactive to March 1st, 2007. In addition, I am to refund her 1% of the $50,000 for each month the home doesn't sell, also retroactive to March and from the sale proceeds. This amounts to about $2800 per month in addition to the $1650 I am forced to pay her for mortagage and child support. He (the Mediator) added that if the matter is not concluded by July 1st, he would award additional penalties to me in wife's behalf.

Clearly they are pressuring me to sell low or buy her out quickly''.

My friend is in a terrible state.

I wonder whether or not my friend can appeal, and to whom.

I'll appreciate any advice you give.

Thank you very much,


Asked on 4/18/07, 10:35 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Unfair Mediator's decision

Chances are there is a whole lot more to this story -

Mediators cannot make binding decisions, arbitrators and judges can. Final decisions on the merits can be appealed to the Court of Appeals as a matter of right, but interlocutory or temporary decisions cannot - they are not 'ripe' for adjudication.

Your friend is being pressured. The question is why. I can't tell from what you provided.

The other issue is that he may have agreed to the entry of this order, and having agreed to it he cannot then appeal it.

The deadline for filing an appeal is 30 days after entry of final orders, and if that deadline is missed by so much as ONE DAY the appeal is dead.

Sorry to be picking up on the negatives here, but the facts you relate don't add up to a sympathetic position for your friend.

His best bet is to get the house sold before July 1, even at a reduced price. He will get credit in the eyes of the court for complying with this order.

Chances are he's earning a reasonable income and will be able to recover economically in the long run, even if the short term really hurts.

Hope this helps. Elizabeth Powell

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Answered on 4/18/07, 11:32 am


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