Dearmin|Fogarty PLLC
Alternative Dispute Resolution.

Alternative dispute resolution plays a valuable role in civil litigation. Mediation allows the parties to achieve a certain outcome and to craft resolutions and create remedies that the legal system might not otherwise provide. As is common in many jurisdictions, both federal and state courts in Washington require the parties to attempt to settle their case at some point before trial. Arbitration allows the parties to agree to a private adjudication of an irresolvable dispute, which gives the parties greater control over litigation process, costs, and confidentiality. To that end, Diana Dearmin offers both arbitration and mediation services focused primarily on tort and personal injury claims, employment actions, and business and commercial disputes, including those involving multiple parties and complex claims.

Arbitration: Ms. Dearmin has served frequently as an arbitrator for mandatory arbitrations in King and Snohomish counties since 2002 and has also served as an arbitrator in underinsured/uninsured motorist cases. She is available to serve as a solo or panel arbitrator. She also offers arbitration conducted by written submissions.

Mediation: Ms. Dearmin completed the University of Washington School of Law Professional Mediation Skills Training in January 2009. She is certified as a 39.1 neutral by the U.S. District Court, Western District of Washington. While holding mediation sessions with all persons present who have authority to settle the dispute is preferred, Ms. Dearmin also conducts “virtual” mediations, by telephone conference or video conferencing.

Based on Ms. Dearmin’s experience and the types of clients we represent, she appreciates the perspectives of individuals, businesses, public entities, and insurance companies. Accordingly, she can help the parties assess the risks involved in their case, as well as help them understand the benefits of a final, certain, and mutually-agreed resolution. Because each case is different and the needs of the parties vary, Ms. Dearmin tailors the mediation process and style of mediation to each case. For instance, in some cases, a joint caucus may be productive, while in other cases it would not. Ms. Dearmin encourages counsel for each party (or pro se parties) to confer with her in advance about the case and the mediation process. There is no charge for this consultation. Sometimes cases do not resolve at the initial mediation session. Ms. Dearmin is available for follow-up, such as telephone caucusing and exchanging information, as may be agreed upon by the parties after the initial session.

Fees: For both arbitration and mediation, our fee is $300 per hour divided equally among the parties unless otherwise agreed. We do not charge administrative fees or fees for obtaining the agreement of other parties to mediate or consult about the mediation process or scheduling the mediation. We do not charge for travel time involving round trips of 70 miles or less. We greatly appreciate payment within 30 days of the invoice that will be sent at the conclusion of the matter. Please note that past due invoices will accrue interest at 12% per annum. If you have any question about our fees, please let us know.

Facilities: There are no facility fees for arbitrations. There are no facility fees for mediations involving 3 parties or less. For mediations involving a large number of parties, the location of the mediation and any facility charges will be submitted to the parties for pre-approval and the cost equally divided unless otherwise agreed. The mediation can also be hosted by one of the parties, so long as all parties are in agreement.

Cancellation policy: There is no cancellation fee so long as we are provided 48-hours written notice of cancellation, although the parties will be billed for fees and costs that have been incurred before notice of cancellation has been received. If less than 48-hours written notice is provided, the cancellation fee will be half of the originally estimated cost of the arbitration or mediation split among the parties, unless otherwise agreed.

Please contact us: If you have any questions about our services, fees or whether mediation is right for your case, please contact Ms. Dearmin directly at 206.826.9444 or by email. Consultations are free and we look forward to serving your needs.