Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS

(1) The party requesting an interim measure under RCW 7.05.180(2) (a), (b), and (c) shall satisfy the arbitral tribunal that:(a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm …

(1) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested.(2) The arbitral …

(1) Immediately after the arbitral tribunal has made a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary ord…

The arbitral tribunal may modify, suspend, or terminate an interim measure or a preliminary order it has granted upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.[ 2015 c 276 s 22.]

(1) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.(2) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless …

(1) The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the measure was requested or granted.(2) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that a…

The party requesting an interim measure or applying for a preliminary order shall be liable for any costs and damages caused by the measure or the order to any party if the arbitral tribunal later determines that, in the circumstances, the measure or the order should not have bee…

(1) An interim measure issued by an arbitral tribunal shall be recognized as binding and, unless otherwise provided by the arbitral tribunal, enforced upon application to the superior court, irrespective of the country in which it was issued, subject to the provisions of RCW 7.05…

(1) Recognition or enforcement of an interim award may be refused only:(a) At the request of the party against whom it is invoked if the court is satisfied that:(i) Such refusal is warranted on the grounds set forth in RCW 7.05.470(1)(a) (i), (ii), (iii), or (iv);(ii) The arbitra…

A court shall have the same power of issuing an interim measure in relation to arbitration proceedings, irrespective of whether their place is in the territory of this state, as it has in relation to proceedings in courts. The court shall exercise such power in accordance with it…

The parties shall be treated with equality, and each party shall be given a full opportunity of presenting its case.[ 2015 c 276 s 29.]

(1) Subject to the provisions of this chapter, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this chapter, conduct the arbitr…

(1) The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.(2) Notwithstanding the provisions…

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.[ 2015 c 276 s 32.]

(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specifie…

(1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting its claim, the point at issue, and the relief or remedy sought, and the respondent shall state its defense in respect of these particulars, un…

(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unle…

Unless otherwise agreed by the parties, if, without showing sufficient cause:(1) The claimant fails to communicate its statement of claim in accordance with RCW 7.05.340(1), the arbitral tribunal shall terminate the proceedings;(2) The respondent fails to communicate its statemen…

(1) Unless otherwise agreed by the parties, the arbitral tribunal:(a) May appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; and(b) May require a party to give the expert any relevant information or to produce, or to provide …

(1) The arbitral tribunal or a party with the approval of the arbitral tribunal may request from the superior court assistance in taking evidence. The court may execute the request within its competence and according to its rules on taking evidence.(2) When the parties to two or …

(1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given state shall be construed, unless otherwise expressed, as direc…

In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorized by the …

(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.(2) An …

(1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signa…

(1) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with subsection (2) of this section.(2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:(a) The claimant withdraws …

(1) Within thirty days of receipt of the award, unless another period of time has been agreed upon by the parties:(a) A party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors…

(1) Recourse to the superior court against an arbitral award may be made only by an application for setting aside in accordance with subsections (2) and (3) of this section.(2) An arbitral award may be set aside by the superior court only if:(a) The party making the application f…

(1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the superior court, shall be enforced subject to the provisions of this section and of RCW 7.05.470.(2) The party relying on an award or app…

(1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only:(a) At the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof t…

In counties with a population of more than one hundred thousand, arbitration of civil actions under this chapter shall be required. In counties with a population of one hundred thousand or less, the superior court of the county, by majority vote of the judges thereof, or the coun…

(1) All civil actions, except for appeals from municipal or district courts, which are at issue in the superior court in counties which have authorized arbitration, where the sole relief sought is a money judgment, and where no party asserts a claim in excess of fifteen thousand …

The supreme court shall by rule adopt procedures to implement mandatory arbitration of civil actions under this chapter.[ 1979 c 103 s 3.]

(1) The appointment of arbitrators shall be prescribed by rules adopted by the supreme court. An arbitrator must be a member of the state bar association who has been admitted to the bar for a minimum of five years or who is a retired judge.(2)(a) A person may not serve as an arb…

The arbitrator shall set the time, date, and place of the hearing and shall give reasonable notice of the hearing date to the parties. Except by stipulation or for good cause shown, the hearing shall be scheduled to take place not sooner than twenty-one days, nor later than seven…

After the assignment of a case to the arbitrator, a party may conduct discovery as follows: (1) Request from the arbitrator an examination under CR 35; (2) request admissions from a party under CR 36; and (3) take the deposition of another party. A party may request additional di…

(1) Following a hearing as prescribed by court rule, the arbitrator shall file his or her decision and award with the clerk of the superior court, together with proof of service thereof on the parties. Within twenty days after such filing, any aggrieved party may file with the cl…

(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. The court may assess costs and reasonable attorneys' fees against a party who voluntarily withdraws a requ…

No provision of this chapter may be construed to abridge the right to trial by jury.[ 1979 c 103 s 7.]

RCW 7.06.050 and 7.06.060 apply to all requests for a trial de novo filed pursuant to and in appeal of an arbitrator's decision and filed on or after June 13, 2002.[ 2002 c 339 s 3.]

This act shall take effect July 1, 1980.[ 1979 c 103 s 10.]

In this chapter:(1) "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.(2) "Mediation communication" means a statement, whether oral or in a record or v…

(1) Except as otherwise provided in subsection (2) or (3) of this section, this chapter applies to a mediation in which:(a) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, …

(1) Except as otherwise provided in RCW 7.07.050, a mediation communication is privileged as provided in subsection (2) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by RCW 7.07.040.(2) In a procee…

(1) A privilege under RCW 7.07.030 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:(a) In the case of the privilege of a mediator, it is expressly waived by the mediator; and(b) In the case of the privilege of …

(1) There is no privilege under RCW 7.07.030 for a mediation communication that is:(a) In an agreement evidenced by a record signed by all parties to the agreement;(b) Made during a session of a mediation which is open, or is required by law to be open, to the public;(c) A threat…

(1) Except as provided in subsection (2) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute th…

Unless subject to chapter 42.30 RCW, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state.[ 2005 c 172 s 8.]

(1) Before accepting a mediation, an individual who is requested to serve as a mediator shall:(a) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartialit…

An attorney or other individual designated by a party may accompany the party to and participate in a mediation, except that if the dispute being mediated is the subject of pending proceedings under chapter 12.40 RCW, then a party may not be represented by an attorney in mediatio…

This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001 et seq.), but this chapter does not modify, limit, or supersede section 101(c) of that act or authorize electronic delivery of any of the notice…