[WSBAPT] Dogfight: Family Allowance and Mediation

[Paul Neumiller]

Listmates:  I am involved in a dogfight with a creditor strenuously resisting the award of a family award under RCW Chapter 11.54 in a TEDRA action.  Creditor insists that mediation is allowed and preferred under RCW 11.96A.300.  I point out that RCW 11.54.090 says the "petition and the hearing must conform to RCW 11.96A.080 through RCW 11.96A.200," so any other rights or procedures set forth in TEDRA do not apply unless they are set forth in Sections .080 through .200.  Counter argument is that RCW 11.96A.080 says that "Subject to the provisions of RCW 11.96A.260 through 11.96A.320, any party may have a judicial proceeding...", which appears to bring RCW 11.96A.300 back in to the mix.  But why didn't the legislature simply refer the whole matter to TEDRA instead of using the limiting language?

I am finding no reported cases that discuss whether mediation is allowed in family award cases under TEDRA.  So does anyone have any sources (or better yet, a case) that may shed light on this matter such a legislative intent.  Unfortunately, the family allowance laws go back to 1917 and were amended or replaced without a lot of explanation.  




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