[WSBARP] UD and Arbitration

[Kelby Derenick]

If I am reading the statute correctly, it looks like UD actions are
excepted under RCW 59.18.320(1)(b)(ii).  Maybe I am reading that wrong.  I
had this come up years ago but it was with a commercial case with an
arbitration provision in the contract.  I filed the case and the other
party never filed a notice of arbitration to request the court transfer it
to arbitration.  So it was never an issue.  If neither party wants it in
arbitration I don't see why a court would enforce it.  But for a
residential case, it looks like it might be excepted entirely.

Have a good weekend.

Kelby J. Derenick
Attorney

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On Fri, Aug 19, 2022 at 1:20 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Any guidance is appreciated here.  I need to evict a T for cause but the
> lease has a mandatory arbitration clause requiring AAA rules.  I have
> spoken with AAA and reviewed RC 59.18.320-350 and a quick review of Chapter
> 7.04A.  So how is this usually done?  Do I file for UD first and then move
> the court to send us off to arbitration, then bring the decision back and
> move the court to enforce the arbitrator’s decision by ordering the Writ of
> Restitution?  OR, do I force the T into arbitration first and THEN take the
> arbitrator’s decision to the Court to enforce?  I feel uncomfortable with
> going to arbitration first because it appears to bypass T protections such
> as a court-appointed attorney, etc.  Many thanks.  (I’m sure that we’d all
> rather be anywhere else than in the office on this beautiful Friday
> afternoon.)
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