Klickitat/Skamania Superior Courts

		
		
                                RULE NO. 16
                           MANDATORY ARBITRATION


I.   Scope and Purpose of Rules

     A.   Application of Rules  -  Purpose and Definition

     1.   Purpose. The purpose of mandatory arbitration of civil actions
     under RCW 7.06 as implemented by the Mandatory Arbitration Rules is to
     provide a simplified and economical procedure for obtaining the prompt
     and equitable resolution of disputes involving claims of fifty
     thousand dollars ($50,000.00) or less. The Mandatory Arbitration Rules
     as supplemented by these local rules are not designed to address every
     question which may arise during the arbitration process, and the rules
     give considerable discretion to the arbitrator. The arbitrator should
     not hesitate to exercise that discretion. Arbitration hearings should
     be informal and expeditious, consistent with the purpose of the
     statutes and rules.

     2.   Administration. The arbitration department shall consist of the
     Court Administrator under the direction of the Superior Court Judge.
     The arbitration department shall supervise arbitration under these
     rules and perform any additional duties which may be delegated.

     B.  Relationship to Superior Court Jurisdiction and Other
         Rules - Motions

     1.   All motions relating to civil cases transferred to mandatory
     arbitration shall be presented to the arbitrator, except (a) cases
     where arbitrability is at issue, (b) where assignment of an arbitrator
     is disputed and not resolved by the Administrator, (c) motions for
     involuntary dismissal, (d) motions for summary judgment, and (e)
     motions to dismiss for failure to state a cause of action.

II.  Transfer to Arbitration and Assignment of Arbitrator

     A.  Transfer to Arbitration

     1.   Statement of Arbitrability. In every civil case the party filing
     the Note for Trial Docket shall, upon the form prescribed by the
     court, complete a Statement of Arbitrability (Exemplar #5). Prior to
     the trial-setting date any party disagreeing with the Statement of
     Arbitrability or willing to stipulate to arbitration shall serve and
     file a Response to the Statement of Arbitrability on the form
     prescribed by the court (Exemplar #8). In the absence of such
     Response, the Statement of Arbitrability shall be deemed correct, and
     the case shall be deemed set for arbitration. Cases transferred to the
     arbitration calendar shall be stricken from their position on the
     trial calendars. Unless otherwise ordered by the court, no trial date
     shall be assigned in cases which are subject to arbitration. If a
     party asserts that its claim exceeds $50,000.00 or seeks relief other
     that a money judgment, the case is not subject to arbitration except
     by stipulation.

     2.   Failure to File Amendments. A party failing to serve and file an
     original Response within the time prescribed may later do so only upon
     leave of court. A party may amend the Statement of Arbitrability or
     Response at any time before assignment of an arbitrator or assignment
     of a trial date and then only upon leave of court for good cause
     shown.

     B.  Assignment of Arbitrator

     1.   Generally; Stipulations. When a case is set for arbitration, a
     list of five proposed arbitrators shall be furnished to the parties. A
     list of other approved arbitrators shall be furnished upon request.
     The parties are encouraged to stipulate to an arbitrator. In the
     absence of the stipulation within 14 days after a case is transferred
     to arbitration, the arbitrators shall be chosen from among the five
     proposed arbitrators in the manner defined by this rule.

     a.   Response by Parties. Within 14 days after a list of proposed
       arbitrators is furnished to the parties, each party shall nominate one or
       two arbitrators and strike two arbitrators from the list. If both parties
       respond, an arbitrator nominated by both parties shall be appointed. If no
       arbitrator has been nominated by both parties, an arbitrator shall be
       appointed from among those not stricken by either party. The parties need
       not serve their responses on the other side, and the responses shall not be
       disclosed to a party by the Administrator (except for disclosure of an
       arbitrator selected by both parties).

     b.   Response by Only One Party. If only one party responds within 14 days,
       an arbitrator shall be appointed from that party's response.

     c.   No Response. If neither party responds within 14 days, the arbitrator
       shall be randomly appointed from the five proposed arbitrators.

     d.   Additional Arbitrators for Additional Parties. If there are more than
       two adverse parties, all represented by different counsel, two additional
       proposed arbitrators shall be added to the list for each additional party
       so represented with the above principles of selection to be applied. The
       number of adverse parties shall be determined by the arbitration
       department, subject to review by the Superior Court Judge.

III. A.  Qualifications

     1.   Arbitration Panel. There shall be a panel of arbitrators in such
     numbers as the Superior Court Judge may from tine to time determine. A
     person desiring to serve as an arbitrator shall complete an
     information sheet on the form prescribed by the court. A list showing
     the names of arbitrators available to hear cases and the information
     sheets shall be available for public inspection in the Court
     Administrator's office. The oath of office on the form prescribed by
     the court must be completed and filed prior to an applicant being
     placed on the panel.

     2.  Refusal  -  Disqualification. The appointment of an arbitrator is
     subject to the right of that person to refuse to serve. An arbitrator
     must notify the arbitration department immediately if refusing to
     serve or if any cause exists for the arbitrator's disqualification
     from the case upon any of the grounds of interest, relationship, bias
     or prejudice set forth in CJC Canon 3 (C) governing the
     disqualification of judges. If disqualified, the arbitrator must
     immediately return all materials in a case to the arbitration
     department.

     B.  Authority of Arbitrators

     1.  An arbitrator has the authority to:

     a.   Determine the time, place and procedure to present a motion before the
       arbitrator.

     b.   Require a party or attorney advising such party or both to pay the
       reasonable expenses, including attorney's fees, caused by the failure of
       such party or attorney or both 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 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 procedures described in RCW 2.24.050. If within 10 days
       after the award is filed no party appeals, a judgment shall be entered in a
       manner described generally under MAR 6.3.

     c.   Award attorney's fees as authorized by these rules, by contract or by
       law.

IV.  Procedures After Assignment

     A.  Discovery

     In determining when additional discovery beyond that directly
     authorized by MAR 4.2 is reasonably necessary, the arbitrator shall
     balance the benefits of discovery against the burdens and expenses.
     The arbitrator shall consider the nature and complexity of the case,
     the amount in controversy, values at stake, the discovery that has
     already occurred, the burdens on the party from whom discovery is
     sought, and the possibility of unfair surprise which may result if
     discovery is restricted. Authorized discovery shall be conducted in
     accordance with the Civil Rules except that motions concerning
     discovery shall be determined by the arbitrator.

V.   Hearing

     A.  Notice of Hearing

     1.  Notice of Hearing  -  Time and Place  -  Continuance. An
     arbitration hearing may be scheduled at any reasonable time and place
     chosen by the arbitrator. The arbitrator may grant a continuance
     without court order. The parties may stipulate to a continuance only
     with permission of the arbitrator. The arbitrator shall give
     reasonable notice of the hearing date and any continuance to the
     arbitration department.

     B.   Pre-hearing Statement of Proof  -  Documents Filed with Court

     In addition to the requirements of MAR 5.2, each party shall also
     furnish the arbitrator with copies of pleadings and other documents
     contained in the court file which that party deems relevant. The court
     file shall remain with the Clerk of the Court.

     C.  Conduct of Hearing

     1.  Recording. The hearing may be record electronically or otherwise
     by any part at that party's expense.

VI.  Award

     A.  Form and Content of Award

     1.   Form. The award shall be prepared on the form prescribed by the
     court (Exemplar #9).

     2.   Return of exhibits. When an award is filed, the arbitrator shall
     return all exhibits to the parties who offered them during the
     hearing.

     B.  Filing of Award

     A request by an arbitrator for an extension of time for the filing of
     an award under MAR 6.2 may be presented to the Superior Court Judge,
     ex parte. The arbitrator shall give the parties notice of any
     extension granted.

     C.  Judgment on Award

     1.  Presentation. A Judgment on an award shall be presented to the
     Presiding Judge, by any party, on notice in accordance with MAR 6.3.

VII. General Provisions

     A.   Stipulations; Effect on Relief Granted

     If a case not otherwise subject to mandatory arbitration is
     transferred to arbitration by stipulation and order of the court, the
     arbitrator may grant any relief which could have been granted if the
     case were determined by a judge.

     B.  Title and Citation

     These rules are known and cited as the Klickitat/Skamania Court
     Mandatory Arbitration Rules. LMAR is the official abbreviation.

     C.  Compensation of Arbitrator

     1.   Generally. Arbitrators shall be compensated in the same amount
     and manner as Judges Pro Tempore of the Superior Court; provided,
     however, that said compensation shall not exceed $500.00 for any case
     unless prior approval is granted by the Superior Court Judge. The
     Superior Court Judge shall determine the amount of compensation to be
     paid. No county payment shall be made unless and until funding is
     provided by the County Commissioners of the county having jurisdiction
     over the action.


     (Adopted effective September 1, 1996; amended adopted 2007)