Tribe: Jamestown S'Klallam Tribe
Section 33.02.09 Mediation of Disputes.
A. Request for Mediation.
1. At the time of the preliminary inquiry or any time thereafter prior to the fact-finding
hearing, any party may request that a mediation hearing be held.
2. The request shall be in the form of a motion to the Court and shall include a proposed
mediator for the hearing.
3. The Judge shall allow a mediation hearing to be held if they find that a mediator is
available, that the parties are willing to attempt to resolve the dispute by informal
means, and that the public interest will not be harmed by an informal resolution.
B. Mediator.
1. The Court shall appoint a mediator to preside over the mediation hearing. A mediator
must be over eighteen (18) years of age and must be able to preside over the mediation
in an impartial manner. Preference should be given to Tribal elders or other citizens of
the Tribal community who have knowledge of informal dispute resolution procedures.
2. The Court shall take into consideration the views of the parties in selecting a mediator
for the hearing.
C. Time of Mediation Hearing. The date and time of the mediation hearing shall be set by the
mediator after consultation with the parties. The mediation hearing must be held prior to the
date set for the fact-finding hearing.
D. Mediation Hearing.
1. The complainant, the youth, the youth’s parent(s), guardian or custodian, the guardian
ad litem, and all other parties necessary for resolution of the matter shall be allowed to
attend the mediation hearing. No person shall be compelled involuntarily to participate
in the hearing.
2. All persons involved in the mediation hearing shall be allowed to speak at the hearing
and may present any relevant evidence.
3. The mediator shall be responsible for keeping order during the hearing and shall
determine if any informal resolution can be reached.
E. Results of Mediation Hearing.
1. The mediator shall present the results of the mediation hearing to the Court at the time
of the fact-finding hearing or at any time prior thereto.
2. If, after questioning the parties, the judge is satisfied that an informal resolution of the
dispute has been reached, they may delay the fact-finding hearing and order the parties
to comply with the terms of the mediation agreement. The Judge shall dismiss the
charges against the youth after all the terms of the agreement have been satisfied.
3. If a mediation agreement was not reached at the hearing or if the parties do not comply
with the terms of the agreement, the Court shall proceed with trial. Anything spoken by
the youth at the mediation hearing or the results thereof may not be used as evidence
at the time of fact-finding, or during sentencing, without the youth’s consent.