Tribe: Nisqually Indian Tribe
50.40 Mediation of Disputes.
50.40.01 Request for Mediation
(a) (b) (c) 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.
The request shall be in the form of a motion to the Court and shall include a
proposed mediator for the hearing.
The Judge shall allow a mediation hearing to be held if he or she finds 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.
50.40.02 Mediator
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50.40.03 Time of Mediation Hearing
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50.40.04 Mediation Hearing
(a) 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.
(b) All persons involved in the mediation hearing shall be allowed to speak at the
hearing and may present any relevant evidence.
(c) The mediator shall be responsible for keeping order during the hearing and shall
determine if any informal resolution can be reached.
50.40.05 Results of Mediation Hearing
(a) (b) (c) 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.
If, after questioning the parties, the judge is satisfied that an informal resolution of
the dispute has been reached, he or she may delay the fact finding hearing and
order the parties to comply with the terms of the agreement. The Judge shall
dismiss the charges against the youth after all the terms of the agreement have
been satisfied.
If an 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.