By Phil Cutler[1]
From the earliest days of the Washington Territory, arbitration has been a recognized method of dispute resolution in our state;[2] the Legislature enacted Washington’s first arbitration act in 1869.[3] Historically, arbitration has been popular, especially among businesses; notwithstanding its higher forum costs (the parties pay not insignificant filing fees and bear the cost of compensating the arbitrator), it offered parties a number of benefits not available in a litigation forum: the opportunity to select the decision-maker, usually someone experienced in resolving business disputes; confidentiality; an early opportunity for a hearing on the merits; and a final award, not subject to interminable appeals. Moreover, arbitration was a more expeditious and less expensive alternative to litigation, largely because “discovery” and motions practice in arbitration were limited and parties had no need for significant case preparation time.