Wa Mandatory Arbitration Rules

The arbitrator shall contact the parties to determine the date and time of the arbitration hearing. Once the hearing is held, an arbitral award will be sent to the court. If a party disagrees with the arbitrator`s decision, it has the option of filing a de novo request for legal proceedings. After the hearing, the arbitrator must submit a written decision or arbitration award within 14 days of the hearing. The arbitral award shall be submitted to the court. At that time, either party may appeal the award within 20 days. A mandatory arbitration appeal is called a „de novo” appeal. This means that the jury will not be informed of the award and the case will be heard as if no arbitration had taken place. If no appeal is lodged, the sentence may be reduced to a judgment.

There is a great disincentive for a party to appeal. If a party appeals and does not improve its position in the trial through the arbitral award, the winning party receives not only the jury`s verdict, but also the actual fees and costs from the time of the „de novo” appeal to the main hearing. Binding arbitration is available in most Counties in Washington State for cases with a total value of less than $100,000.00 or where the plaintiff waives claims greater than $100,000.00. Instead of queuing up for a jury date and possibly being put on hold or experiencing a court delay, parties are given a set date and time. The parties shall provide the arbitrator with a statement of evidence prior to the hearing no later than two weeks before the hearing. These documents include the most important evidence in case of liability and damage. This includes things like medical records, bills, doctor`s opinions, photos, payroll information, and any other evidence you want the arbitrator to consider. The adjudicator reviews the pre-hearing statement prior to the hearing, which usually takes place in the arbitrator`s conference room or other agreed upon location. Today, due to COVID, many arbitrations are being conducted on videoconferencing platforms such as Zoom. The Mason County Superior Court requires that all civil actions with claims of $100,000.00 or less, excluding attorneys` fees, interest and expenses, be submitted to binding arbitration. This requirement also applies to family law cases relating to child or spousal support where the only remedy sought is the determination, modification or cessation of child support payments that have not been resolved on a regular list of claims.

We have experience in all arbitration roles, from arbitrator to plaintiff`s lawyer and defendant`s lawyer. This gives us a very broad perspective that we can use to the maximum of our customers. Once a case has been submitted to arbitration, strike lists and other forms are generated and sent to the parties. Typically, five referee names are provided from a random rotation list. Each party must delete two names and select two names. The lists are returned and an arbitrator is appointed. The atmosphere of arbitration is more relaxed than a jury trial and the rules of evidence are more liberal. The time it takes to settle a case is much shorter than the time it takes to try a case. Usually, the applicant and perhaps one or two lay witnesses testify, but experts, including the applicant`s processing providers or other experts, often do not testify live at the hearing. Their opinions are usually well documented in case notes or reports in medical records that have already been submitted to the adjudicator. A case, which can take two to three days to be heard by a jury, is often fully settled in three to four hours.

It is intentional. Arbitration was created to reduce congestion in the court system and provide parties with a more efficient and cost-effective way to resolve their disputes. The selection of the arbitrator is made by the Office of the Supreme Court of the County. Each party to the dispute receives a list of arbitrators from the Supreme Court. In a two-party case, five names of potential arbitrators would be on the list. Each side can beat two a circle and two and return the list. The tribunal`s arbitration division will then inform the arbitrator of its appointment, and the arbitrator will work with the parties to set a date for the hearing. As the hearing approaches, parties typically make discoveries, including record-keeping provisions, statements, and sometimes a limited number of written interviews. After an arbitration award, many airlines will pay for the award, others may appeal „de novo” and others may want to continue negotiating the case. Our answer depends on the facts of your specific case. Many cases are resolved by binding arbitration.

This is usually much faster and much cheaper than the jury`s route. Arbitrators may be determined by the parties using the Supreme Court`s list of arbitrators or any other qualified arbitrator. Learn more or contact us at www.bfrinjurylaw.com for help with your personal injury. How long does it take for an arbitrator to make his or her decision In Washington, an arbitrator must be a licensed attorney with at least 5 years of experience as a lawyer or another person with special training (RCW 11.96A.310). .