Local Mandatory Arbitration Rule 3.2 AUTHORITY OF ARBITRATORS (a) Authority. An arbitrator has the authority to: (1) Determine the time, place, and procedure to present a motion before the arbitrator. (2) Require a party and/or attorney to pay the reasonable expenses, including attorney fees, caused by the failure of such party and/or attorney to obey an order of the arbitrator unless the arbitrator finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The arbitrator shall make a special award for such expenses and shall file such award with the clerk of the superior court, with proof of service on each party. The aggrieved party shall have 10 days thereafter to appeal the award of such expense in accordance with the procedure described in RCW 2.24.050. If, within 10 days after the award is filed no party appeals, a judgment shall be entered in the manner described generally under MAR 6.3. (3) Award attorney fees, as authorized by these rules, by contract, or by law. (2) Determine the time and place for the arbitration hearing. (3) Award, by judgment or offset, the fee paid by a party to initiate arbitration where the arbitrability is clear and the party responsible for filing the statement of arbitrability unreasonably delayed in the filing of a statement or arbitrability, regardless of which party substantially prevails. (b) Motions. All motions shall be presented to the arbitrator, unless a) arbitrability is at issue, b) assignment of arbitrator is disputed, c) motion is for involuntary dismissal, d) motion is for summary judgment, e) motion is for failure to state a cause of action, or f) motion is to add or change parties. (c) Immunity. Arbitrators shall have immunity to the same extent as provided for superior court judges in Washington State. [Adopted Effective September 1, 1996, September 1, 2011]
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