The Environmental and Land Use Hearings Office (ELUHO) offers free and confidential mediation services to parties of pending Pollution Control Hearings Board and Shorelines Hearings Board cases.  Mediation is an assisted negotiation between case parties, facilitated by a neutral mediator.   The goal of mediation is for parties to identify issues, develop options for settlement, and reach a mutually acceptable outcome that resolves all or part of a case.  Mediation is a very effective way to resolve disputes quickly, with better outcomes, and at a lower cost than continued litigation. ELUHO is authorized to provide mediation services under 43.21B.175 Revised Code of Washington (RCW).

The Mediation Process

Mediation is an alternative method of dispute resolution that can replace all or part of the traditional board appeal process.  Mediation is completely voluntary and confidential. It is only conducted at the request of all the case parties. The ELUHO mediator will tailor the mediation process to fit your case.  

Generally, the ELUHO mediator will work with all parties before the mediation to help them become familiar with the case and the mediation process, and to ensure the mediation is structured to fit the case.  During mediation, the ELUHO mediator will conduct the mediation as a neutral facilitator with the goal of helping parties achieve more creative and flexible outcomes than they might achieve in litigation.  The mediator will facilitate a conversation so that:  

• The parties control the process and outcomes;
• The mediation is conducted in an atmosphere of courtesy and respect in which parties are encouraged to listen to each other;
• Every party provides their perspective;
• The parties identify issues that may be in dispute, assess risks, find common interests, develop options for resolution, and overcome perceived impasse; and
• The parties pursue creative solutions and agreements that will support mutual interests and ongoing relationships.

Mediation is confidential and privileged under the Uniform Mediation Act, Chapter 7.07 RCW.  Any statements or discussions made at mediation and any mediation documents are kept confidential from board members, the presiding officer, and anyone not participating in the mediation.

Mediation Costs

ELUHO mediation services are free to parties of pending Pollution Control Hearings Board and Shorelines Hearings Board cases.

The Mediator

Mediations are conducted by an ELUHO administrative appeals judge who is trained in dispute resolution and experienced in environmental law. ELUHO mediators are neutral subject-matter experts who are adept at handling complex and contentious matters.  The ELUHO mediator is not otherwise assigned to the case.

Outcome of the Mediation Process

The goal for mediation is to settle all or part of the case before the board.  Participants in the mediation may choose to reduce any agreements to a binding written settlement agreement. However, the boards do not have authority to enforce settlement agreements.

Requesting Mediation

Any party may request mediation at any time during the board proceedings by contacting ELUHO.  All case parties must agree to mediation before a mediation can be scheduled.  If you think mediation might be a good alternative in your case, you should contact the other parties in the case to see if they are interested in mediation. Then contact the ELUHO office or let the presiding officer know as early as possible in the proceedings.

For more information about mediation services, see the ELUHO Mediation Program Pamphlet, the ELUHO Mediation Program tri-fold Brochure, or contact ELUHO at eluho@eluho.wa.gov or (360) 664-9160.

Request Mediation Services by Contacting ELUHO: