Who pays for arbitration in Washington state?

Typically, the parties participating in arbitration must accept an equal portion of the arbitration costs, including the arbitrator's compensation. Each person participating in the arbitration process must pay their own legal fees as well as the costs for any expert witnesses they may have present evidence.

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Generic Motion for Continuance and Notice of Motion in an Arbitration...

Washington Generic Motion for Continuance and Notice of Motion in an Arbitration Matter

Category:

Arbitration and Mediation - Motions

State:

Multi-State

Control #:

US-03289BG

Format:

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Description

As a general matter, the procedure to be followed in an arbitration proceeding is less formal than that in a court action, and where not prescribed by statute, the parties may agree as to the procedure to be followed if it is fair and each party has an opportunity to be heard.

Where the parties provide for the conduct of and procedure governing an arbitration hearing, they should specify the rules of evidence that are to govern the hearing, whether the parties or the arbitrators may incorporate other documents and rules into the hearings by reference, matters relating to the production of books and records, either by subpoena duces tecum or other methods, the production of witnesses, and, where desirable, set a time limit on the length of the hearings.

The hearing must be conducted according to any statutory requirements or procedures agreed to by the parties. Unless the arbitrator substantially complies with such procedures, the award may be declared invalid.

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FAQ

In Washington, an arbitrator must be a licensed attorney with at least 5 years of experience practicing law or another individual who has undergone special training (RCW 11.96A. 310). After the hearing the arbitrator provides a written decision or award within 14 days of the hearing. The award is filed with the court.

Typically, the parties participating in arbitration must accept an equal portion of the arbitration costs, including the arbitrator's compensation. Each person participating in the arbitration process must pay their own legal fees as well as the costs for any expert witnesses they may have present evidence.

A party seeking to compel arbitration must file a motion that shows an agreement to arbitrate and alleges the other party's refusal to arbitrate under the agreement (RCW 7.04A. 070(1)).

In Washington, like many other states, arbitration comes in two types: 1) binding arbitration (when parties agree to arbitration) and 2) mandatory arbitration (when the law requires people to arbitrate).

The arbitrator listens to both sides, looks at the evidence you've sent in and decides what the outcome should be. In some cases, the arbitrator may choose to have several meetings with you both. When the arbitrator makes a decision, this is called an award and it's legally binding.

File a declaration with the court asking for a continuance. It should say why you need the continuance. Explain how you can better present evidence in your case if you have more time. Explain some of what you want to tell the court, in case you do not get a continuance.

If the party has appeared before the motion is filed, the party may respond to the pleading or otherwise defend at any time before the hearing on the motion. If the party has not appeared before the motion is filed the party may not respond to the pleading nor otherwise defend without leave of court.

A business contract, lease or other written contract may contain an arbitration clause. By using such a clause, the parties to the contract agree to arbitrate any future disputes. As with any clause, all parties must agree to it's use in the contract before the contract is signed.

Washington Generic Motion for Continuance and Notice of Motion in an Arbitration Matter

Description

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How to fill out Generic Motion For Continuance And Notice Of Motion In An Arbitration Matter?

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FAQ

How does arbitration work in Washington state?

Who pays for arbitration in Washington state?

What is a motion to compel arbitration in Washington state?

Is arbitration binding in Washington state?

What happens when a case goes to arbitration?

How do you request a continuance in Washington state?

What is the Civil Rule 55 in Washington state?

What is the arbitration clause in Washington state?

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Washington Generic Motion for Continuance and Notice of Motion in an Arbitration Matter

Description

Related forms

Viewed forms

How to fill out Generic Motion For Continuance And Notice Of Motion In An Arbitration Matter?

Form popularity

FAQ

How does arbitration work in Washington state?

Who pays for arbitration in Washington state?

What is a motion to compel arbitration in Washington state?

Is arbitration binding in Washington state?

What happens when a case goes to arbitration?

How do you request a continuance in Washington state?

What is the Civil Rule 55 in Washington state?

What is the arbitration clause in Washington state?

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