Washington Code 61.24.169 – Department maintains list of approved foreclosure mediators — Training program — Mediator involvement in civil action
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(1) For the purposes of RCW 61.24.163, the department must maintain a list of approved foreclosure mediators. The department may approve the following persons to serve as foreclosure mediators under this section if the person has completed ten mediations and either a forty-hour mediation course and sixty hours of mediating or has two hundred hours experience mediating:
Terms Used In Washington Code 61.24.169
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Testify: Answer questions in court.
(a) Attorneys who are active members of the Washington state bar association;
(b) Employees of United States department of housing and urban development-approved housing counseling agencies or approved by the Washington state housing finance commission;
(c) Employees or volunteers of dispute resolution centers under chapter 7.75 RCW;
(d) Retired judges of Washington courts; and
(e) Other experienced mediators.
(2) The department may establish a required training program for foreclosure mediators and may require mediators to acquire training before being approved. The mediators must be familiar with relevant aspects of the law, have knowledge of community-based resources and mortgage assistance programs, and refer borrowers to these programs where appropriate.
(3) The department may remove any mediator from the approved list of mediators.
(4)(a) A mediator under this section is immune from suit in any civil action based on any proceedings or other official acts performed in his or her capacity as a foreclosure mediator, except in cases of willful or wanton misconduct.
(b) A mediator is not subject to discovery or compulsory process to testify in any litigation pertaining to a foreclosure action between the parties. However, the mediator’s certification and all information and material presented as part of the mediation process may be deemed admissible evidence, subject to court rules, in any litigation pertaining to a foreclosure action between the parties.
NOTES:
Effective date—2011 2nd sp.s. c 4: See note following RCW 61.24.163.
Findings—Intent—Short title—2011 c 58: See notes following RCW 61.24.005.