What is mandatory arbitration?

Washington state has a law that requires both sides to submit to mandatory arbitration (MAR) prior to trial in a Court so long as the amount in dispute is $50,000 or less. In MAR cases the attorneys can agree to an arbitrator, or the clerk of the Court can provide a list from which to choose. Basically the arbitrator serves as both the judge and the jury in the hearing. MAR is a faster, less expensive, and informal version of a trial. In MAR the rules of evidence are relaxed and the hearing is usually conducted in the arbitrator’s conference room. The arbitrator is usually an attorney or retired judge. Any MAR decision can be appealed by requesting a Trial De Novo. However, stiff penalties can be assessed against a party who requests a Trial De Novo and who later does not improve their position at trial.

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