Arbitration - Frequently Asked Questions
What is arbitration? Arbitration is one type of alternative dispute resolution in which a neutral, impartial person (the arbitrator) makes a decision. The general process of presentation of evidence (testimony and exhibits) is less formal than a trial. An arbitrator does not give the parties legal advice. The arbitrator will apply law to the facts in rendering a decision.
Will I be forced to a decision? Yes. You do not have to agree to participate in a binding arbitration, but once you do, you are bound by the arbitration decision.
Is it confidential? Yes, if it is a privately arranged arbitration, including the decision if agreed. If the decision is intended to be presented to court, then of course it won’t be agreed to be confidential. No, if it is an arbitration of a publicly filed case under the Snohomish County Superior Court Mandatory Arbitration Rules.
If I arbitrate my dispute, do I still need a lawyer? I recommend every party be as informed as possible and I encourage parties to obtain legal counsel before an arbitration as to rights and remedies and suggestions on how to organize and present information. Most legal matters will require entry of court orders to implement the arbitration decision, and usually a lawyer is involved to do that. Many Snohomish County lawyers are available for a single legal consult prior to attending arbitration, and afterward to draft or present legal paperwork. If you don’t know who to call, consider Snohomish County Bar Association Lawyer Referral Program at 425.388.3018.
How long will the arbitration take? That depends on the type of issue(s) to be determined, how ready both sides are to address the issues, and how many issues there are. It can be faster to arbitrate an issue than to mediate it.
How much does it cost? I generally offers private services at my hourly rate. If parties are stipulating to Lee through the Snohomish County Superior Court Mandatory Arbitration program, the arbitrator fees are publicly paid.
Where will the arbitration take place? I will schedule the arbitration hearing in a conference room in Everett, unless special arrangements are made to schedule it elsewhere.
What standards apply to arbitrations? I conducts my private arbitrations in accordance with Washington Law, Uniform Arbitration Act, RCW 7.04A; and the public arbitrations in accordance with RCW 7.06.
Can a mediation turn into an arbitration? Yes, if both parties agree and sufficient information is supplied so a decision can be made. This is a new trend is for parties who run out of time at a mediation or can’t come to full agreement between themselves, and want to accomplish full resolution of residual items. This sometimes called mediation-arbitration. Before parties can agree to this option, they must be able to make a fully informed choice.
More information:
Washington State Bar Association information: Alternative Dispute Resolution Methods