Arbitration resolves disputes outside traditional courtrooms through a private hearing before a neutral arbitrator who evaluates evidence and issues a decision. Washington State uses arbitration in civil cases, family law matters, employment disputes, and consumer conflicts, with rules varying based on whether arbitration is court-ordered or contractually required.
Knowledge of the Washington arbitration process enables you to prepare effectively, protect your rights, and navigate the process with realistic expectations regarding costs, timelines, and outcomes.
Bridges Dispute Resolution provides experienced arbitration services throughout Washington State. Contact Bridges Dispute Resolution in Seattle at (206) 621-1110 or Tacoma at (253) 327-6778 to schedule an arbitration consultation.
Key Takeaways about Washington State Arbitration
- Washington State mandatory arbitration applies to civil cases seeking $100,000 or less in superior court, while private arbitration often stems from contractual agreements in employment, consumer, and business disputes
- Arbitration hearings in Washington follow streamlined procedures with relaxed evidence rules, allowing parties to present their case directly to a neutral arbitrator who issues a binding or non-binding decision
- You may appeal a mandatory arbitration award in Washington by requesting a trial de novo within 20 days, but private arbitration awards have extremely limited appeal grounds under Washington law
What Is Arbitration in Washington State?
Arbitration functions as an alternative dispute resolution (ADR) method where parties present evidence and arguments to a neutral third party who renders a decision. Washington recognizes two primary arbitration categories: mandatory arbitration through the court system and private arbitration arising from contractual agreements.
Mandatory Arbitration Rules govern court-ordered arbitration in Washington superior courts for civil cases under the $100,000 threshold. These rules establish procedures, arbitrator qualifications, and appeal rights for cases automatically referred to arbitration after filing.
Private arbitration in Washington follows either the Washington Arbitration Act (Chapter 7.04A RCW) or federal arbitration rules, depending on the dispute type and parties involved. Employment contracts, consumer agreements, and business partnerships frequently include arbitration clauses requiring disputes to be resolved through private arbitration rather than litigation.
When Does Washington Require Arbitration?
Washington courts automatically refer certain civil cases to mandatory arbitration based on the amount in controversy. Superior court cases seeking monetary damages of $100,000 or less must proceed through arbitration before trial, with limited exceptions for specific case types.
Cases exempt from Washington's mandatory arbitration include:
- Family law matters (though separate family law arbitration rules exist)
- Probate and estate administration disputes
- Cases seeking only injunctive or declaratory relief
- Eminent domain proceedings
- Cases involving title to real property
Many Washington residents encounter private arbitration through contracts signed with employers, service providers, or businesses. These contractual arbitration clauses remain generally enforceable under Washington law, though courts scrutinize clauses that appear unconscionable or prevent access to statutory rights. This is particularly true for employment arbitration agreements.
How Does the Arbitration Process Work in Washington?
The arbitration process in Washington follows distinct steps from case assignment through final decision, with procedures varying between mandatory court arbitration and private contractual arbitration.
Arbitrator Selection in Washington
Parties in Washington mandatory arbitration receive a list of qualified arbitrators from the court administrator. Each party may strike one arbitrator from the list, with the remaining arbitrator assigned to hear the case. If parties agree, they may select any qualified arbitrator not on the court's list.
Private arbitration allows parties greater flexibility in choosing their arbitrator. Arbitration agreements often specify arbitrator qualifications, selection procedures, or arbitration organizations like the American Arbitration Association to administer the process.
Washington requires arbitrators to meet specific qualifications, including active bar membership for at least five years and completion of approved arbitration training. Arbitrators must disclose any relationships or interests that might affect impartiality before accepting appointment.
Pre-Hearing Procedures
Washington arbitration involves less formal discovery than traditional litigation. Parties typically exchange relevant documents, witness lists, and brief position statements before the hearing. Mandatory arbitration in Washington does not require extensive written discovery unless parties agree or the arbitrator orders it.
The Arbitration Hearing in Washington
Arbitration hearings in Washington resemble informal trials conducted in conference rooms rather than courtrooms. The process typically includes opening statements, witness testimony, document presentation, and closing arguments, though procedures remain more flexible than court proceedings.
Washington arbitration follows relaxed evidence rules compared to formal trials. Arbitrators may consider evidence that courts would exclude, including hearsay statements and documents without foundation testimony. This flexibility allows parties to present their complete story without technical evidentiary obstacles.
Many Washington arbitration hearings conclude in a single day for straightforward disputes. Complex cases involving multiple witnesses, technical evidence, or substantial documentation may require multiple hearing sessions over several weeks.
Parties may represent themselves in Washington arbitration or hire attorneys to present their case. While legal representation is not mandatory, having an attorney often proves beneficial for understanding procedures, presenting evidence effectively, and protecting legal rights throughout the process.
The Arbitration Decision
Washington arbitrators issue written awards within 20 days after the hearing concludes in mandatory arbitration cases. The award states the prevailing party and any damages awarded, though arbitrators need not explain their reasoning or findings.
Private arbitration awards in Washington depend on the parties' agreement or applicable arbitration rules. Some agreements require detailed written opinions explaining the arbitrator's decision, while others specify only brief award statements.
Is Arbitration Binding in Washington State?
Are arbitration decisions final? In Washington, mandatory and private arbitration follow different rules for appealing an arbitration award.
Mandatory Arbitration Appeals
Mandatory arbitration awards in Washington are non-binding, meaning any party may request a trial de novo (new trial) in superior court within 20 days after the award is filed. The trial proceeds as though arbitration never occurred, with no reference to the arbitration award or proceedings.
Requesting trial de novo after mandatory arbitration carries financial risks. Washington law requires the party requesting trial to improve their position at trial or face sanctions. If you receive less favorable results at trial than in arbitration, you must pay the opposing party's costs and attorney fees from the date of the arbitration award.
Private Arbitration Appeals
Private arbitration awards in Washington are typically binding and enforceable. Parties may confirm binding arbitration awards in superior court, making them enforceable through standard judgment collection procedures, including garnishments and liens.
However, private arbitration awards in Washington have extremely limited appeal grounds. Under RCW 7.04A.230, courts may vacate arbitration awards only for:
- Fraud, corruption, or misconduct by the arbitrator
- Arbitrator bias or evident partiality
- Arbitrator exceeded their authority under the agreement
- Procedural violations that substantially prejudiced party rights
Washington courts do not review arbitration awards for legal or factual errors. Even if the arbitrator made mistakes in applying law or evaluating evidence, these errors generally do not provide grounds for vacating the award.
The deadline for challenging a Washington arbitration award is 90 days after receiving notice of the award. Missing this deadline eliminates appeal options and makes the award final and enforceable.
FAQ About Arbitration in Washington State
Does Family Law Arbitration Work Differently in Washington?
Washington family law arbitration operates under the Uniform Family Law Arbitration Act (Chapter 26.14 RCW), which applies specifically to family law matters, including divorce, parenting plans, child support, and property division. Family law arbitrators must meet additional qualifications, including family law experience and specialized training.
What Happens If Someone Refuses to Participate in Required Arbitration?
Refusing court-ordered mandatory arbitration in Washington may result in case dismissal, default judgment, or sanctions, depending on which party refuses participation. Refusing private arbitration required by contract allows the other party to seek court orders compelling arbitration and may result in paying the opposing party's legal fees.
Can I Present Evidence Differently in Arbitration Than in Court?
Washington arbitration allows more flexible evidence presentation than court trials. Arbitrators may consider documents, photographs, and witness statements that courts would exclude under formal evidence rules, making it easier for parties to tell their complete story without technical evidentiary barriers.
What Costs Are Involved in Washington Arbitration?
Costs for arbitration in Washington differ based on the type. Mandatory court arbitration typically involves modest filing and administrative fees. The court system often caps and pays the arbitrator’s fee, which the parties sometimes split.
Private arbitration involves paying the full fee of a private arbitrator, which varies based on the arbitrator's experience and the complexity of the case. Parties also pay for their own attorney fees if they choose legal representation.
Choose Experienced Arbitration Services
Whether facing mandatory court arbitration or private contractual arbitration, knowing your rights, options, and what to expect at each stage protects your interests throughout the proceeding.
Bridges Dispute Resolution provides neutral arbitration services for civil disputes throughout Washington State. Our experienced arbitrators are well-versed in Washington arbitration law and procedures, enabling parties in King County, Pierce County, and throughout Western Washington to resolve business conflicts, employment disagreements, construction disputes, and other civil matters efficiently and fairly.
Contact Bridges Dispute Resolution in Seattle at (206) 621-1110 or Tacoma at (253) 327-6778 to schedule an arbitration consultation.