LMAR 2.1 - Transfer to Arbitration

SUPERIOR COURT CIVIL ARBITRATION RULE 2.1

TRANSFER TO ARBITRATION

(a) Statement of Arbitrability.  In every civil case after a response has been filed and at any time thereafter that a case meets Superior Court Civil Arbitration guidelines, the parties shall, upon the form approved by the Court (please find the form at www.cowlitzsuperiorcourt.us) request the case be transferred to arbitration.  The party requesting arbitration shall serve a Request for Transfer to Arbitration and Statement of Arbitrability on the opposing party.  The Court may transfer a case to arbitration on its own motion if it determines a case meets the requirements of the Superior Court Civil Arbitration Rules.  

An endorsed copy of the Request for Transfer to Arbitration and Statement of Arbitrability shall be promptly provided to the Superior Court Administration by the requesting party. 

(b) Response to Request for Transfer to Arbitration and Statement of Arbitrability.  Any party disagreeing with the Request for Transfer to Arbitration and Statement of Arbitrability shall file and serve a response stating their objections within ten (10) days of service.

A copy of the statement and response shall be furnished or served upon Superior Court Administration by the responding party at the time of filing. In the absence of such a response, the Request for Transfer to Arbitration and Statement of Arbitrability shall be deemed correct and a non-responding party shall be deemed to have stipulated to arbitration if the Request for Transfer to Arbitration and Statement of Arbitrability provides that the case is subject to arbitration. Otherwise, the case will not be subject to arbitration except by stipulation of the parties or court order.

The approved forms identified in these rules can be found at www.cowlitzsuperiorcourt.us.

A fee will be charged for all cases assigned to arbitration.  Business checks or money orders should be made payable to the Clerk’s Office.  No arbitrator will be assigned until the fee is paid in full.

(c) Failure to File Amendments.  A party failing to serve and file an original response to a Request for Transfer to Arbitration and Statement of Arbitrability within the time prescribed may do so later only upon leave of Court. A party may amend the Request for Transfer to Arbitration and Statement of Arbitrability, or response thereto, at any time prior to assignment of an arbitrator and thereafter only by leave of Court for good cause shown.

[Effective September 1, 2011; amended September 1, 2012; emergency amendment January 1, 2013; amended September 1, 2013; emergency amendment January 1, 2019; amended September 1, 2019; amended September 1, 2020]

                  

Print Email

TELEPHONE: (360) 577-3085
TTY (800) 883-6388 OR 7115

HALL OF JUSTICE
312 SW FIRST AVENUE
KELSO, WA 98626
 
Building Hours - 8:00 AM - 5:00 PM