Lee Tinney Dispute Resolution

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What is mandatory arbitration?

Mandatory arbitration means an arbitration conducted under RCW 7.06.010, et seq. and State and Local Mandatory Arbitration Rules.

 

Some types of civil cases are mandated by law to be arbitrated.  Although the process is less formal than litigation in the courtrooms, and there is more privacy in the process than conventional litigation, the process remains under the supervision of the Superior Court.  It is not considered private arbitration and slightly different rules apply.  The Superior Court Director of Arbitration assigns the arbitrator to the case.
 
While there is a $220 filing fee to have a case assigned to mandatory arbitration in Snohomish County, the parties do not have to pay the arbitrator.  The State and Snohomish County pay the arbitrator, just as they pay for Judge and Court Commissioner salaries.    
 
 

The most common family law case mandated to be arbitrated in Snohomish County is a child support modification matter. 

 

This occurs frequently if there is a dispute in determining the amount of back child support owing, how to calculate final child support, whether and to what degree a deviation from standard calculation should be granted, whether and how post-secondary educational (college) support should be paid, allocation of tax exemptions, and other issues. 

Under MAR 2.3, parties can agree to me as their assigned arbitrator, rather than follow the selection process otherwise implemented.  I am on the list of approved arbitrators under the Snohomish County Mandatory Arbitration program. 

 

Under MAR 8.1(b), parties (or their lawyers) can agree to arbitrate a case, such as a divorce or parenting plan dispute, under the Mandatory Arbitration Rules, that would otherwise not be subject to mandatory arbitration.