[WSBARP] UD and Mandatory Meditation/Arbitration

Mon Nov 9 14:30:05 PST 2015

Ok, the lease says the LL and T must try mediation first and if that is unsuccessful, any “unresolved controversy or claim … shall be settled by arbitration administered by the DRC…”   

As spurred on by Carmen suggestions, I looked into the waiver provsions more closely and can say there are very few reported cases.  

However, for the good of the order, here I think is the answer.  RCW 59.18.320, basically, says that a LL and T may agree to arbitrate “any controversy aring under the provsions of this chapter,except the following:  … (b) any situation where court action has been started by either landlord or tenant to enforce rights under this chapter; when the court action substantially affects the controversy, including but not limited to: ….( ii) any unlawful detainer action filed by the landlord pursuant to chapter 59.12 RCW.”  

So, the upshot of all of this is that RCW 59.18.320 appears to save an unwitting LL after putting an arbitration provision in the lease.  It appears the LL can still proceed with a UD action despite the existence of a mediation/arbitration provision in the lease.  

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Carmen Rowe
Sent: Saturday, November 7, 2015 5:23 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] UD and Mandatory Meditation/Arbitration (Paul Neumiller)

If you are looking for an UD/writ, isn't that outside any provisions on how disputes are to be resolved in general?

Seems to me no different than how the UD statute trumps a general right to litigate. To me I'd read the contractual clause just dictating the "form" of a general claim. 

But I do not believe you can contractually circumvent the UD statute in general, correct, for the limited purposes of the writ? (not having the statute in front of me) Which would serve to benefit the landlord in this case if they are seeking an UD in the normal judicial fashion.

If you are talking about damages beyond getting T's out (which it doesn't sound like?) then it would work like any other arbitration & entry of the judgment. 

Unless I misunderstood something ...

Carmen Rowe

Attorney / Owner

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Today's Topics:

   1. UD and Mandatory Meditation/Arbitration (Paul Neumiller)
   2. Re: UD and Mandatory Meditation/Arbitration (Bryce Dille)

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Message: 1
Date: Fri, 6 Nov 2015 15:09:50 -0800
From: Paul Neumiller <pneumiller at hotmail.com <mailto:pneumiller at hotmail.com> >
To: <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] UD and Mandatory Meditation/Arbitration
Message-ID: <BLU436-SMTP111A623488F5FA75F16B77D2280 at phx.gbl <mailto:BLU436-SMTP111A623488F5FA75F16B77D2280 at phx.gbl> >
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Saw a new LL client whose lease, lo and behold, calls for mediation and then
arbitration for when "a dispute arises out of or relates to this contract,
or the breach thereof"  using the local Dispute Resolution Center.  And
then, "judgement upon the Award rendered by the arbitrator may be entered on
any court having jurisdiction thereof."

The meth head tenants are LL/T law savvy ("you can't kick us out until the
sheriff comes") and couldn't care less  if there is a judgment lien against
them.  Anyone have this before?  I doubt the local DRC has the power to
issue an Order for Writ of Restitution.  Any argument that this provision
does not leave the LL with an adequate remedy?  Thanks (and happy Friday).
Paul Neumiller

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Message: 2
Date: Fri, 6 Nov 2015 23:23:37 +0000
From: Bryce Dille <BryceD at cdb-law.com <mailto:BryceD at cdb-law.com> >
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] UD and Mandatory Meditation/Arbitration
Message-ID:
        <B3982DA158E09443BF4EE7AD2BB5825727F729C0 at CDBS-SBS.cdb-law.local <mailto:B3982DA158E09443BF4EE7AD2BB5825727F729C0 at CDBS-SBS.cdb-law.local> >
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I think the arbitrators award could provide in the final award that upon request to superior crt the crt will enter a writ of restitution directed to the sheriff to evict tenant.

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Bryce H. Dille
Campbell, Dille, Barnett & Smith,  PLLC
P.O. Box 488
Puyallup, WA  98371
Voice:  253.848.3513 <tel:253.848.3513> 
Fax: 253.845.4941 <tel:253.845.4941> 
bryced at cdb-law.com <mailto:bryced at cdb-law.com> <mailto:bryced at cdb-law.com <mailto:bryced at cdb-law.com> >

Business Entity Creation and Management
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Real Estate and Land Use, Residential, Commercial and Condominium Development
Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator
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Real Property Foreclosures and Forfeitures

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> ] On Behalf Of Paul Neumiller
Sent: Friday, November 06, 2015 3:10 PM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: [WSBARP] UD and Mandatory Meditation/Arbitration

Saw a new LL client whose lease, lo and behold, calls for mediation and then arbitration for when "a dispute arises out of or relates to this contract, or the breach thereof"  using the local Dispute Resolution Center.  And then, "judgement upon the Award rendered by the arbitrator may be entered on any court having jurisdiction thereof."
The meth head tenants are LL/T law savvy ("you can't kick us out until the sheriff comes") and couldn't care less  if there is a judgment lien against them.  Anyone have this before?  I doubt the local DRC has the power to issue an Order for Writ of Restitution.  Any argument that this provision does not leave the LL with an adequate remedy?  Thanks (and happy Friday).  Paul Neumiller
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