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Washington Order Withdrawing Case From Mandatory Arbitration

State:
Washington
Control #:
WA-SKU-1399
Format:
PDF
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Description

Order Withdrawing Case From Mandatory Arbitration

Washington Order Withdrawing Case From Mandatory Arbitration is a legal action taken by a court to remove a case from mandatory arbitration proceedings. This type of order is often requested by parties in a dispute who feel that the arbitration process will not be beneficial to them, or when the parties agree that it is in their best interest to not proceed with arbitration. Generally, the court will order the case to be withdrawn from arbitration and return to the court's jurisdiction. There are two types of Washington Order Withdrawing Case From Mandatory Arbitration: 1) an order by the court to withdraw the case from arbitration and return to the court's jurisdiction, and 2) an agreement between the parties to withdraw the case from arbitration. In either situation, the parties are no longer bound by the mandatory arbitration process.

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FAQ

(1) The superior court shall assess costs and reasonable attorneys' fees against a party who appeals the award and fails to improve his or her position on the trial de novo.

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).

(1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement, the court shall order the parties to arbitrate if the refusing party does not appear or does not oppose the motion.

There is no right to appeal in arbitration like there is in court. If the parties agree to use the AAA to handle the appeal, the AAA will treat the appeal like a new case filing and more fees would have to be paid. Under federal and state laws, there are only a few ways to challenge an arbitrator's award.

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Washington Order Withdrawing Case From Mandatory Arbitration