Legal Question in Landlord & Tenant Law in Washington
Plaintiff's issues ignored by ''arbitrator''.
My husband and I agreed to arbitrate a dispute with our tenant. The defendant (tenant) was the only party spoken to by the arbitrator. As plaintiff's, our issues were ignored by the arbitrator and she only represented the defendant when our case came before the judge. This was the first time we have ever sought help in dealing with a very disagreeable tenant. We now feel that arbitration only serves to assist a ''defendant'' and not a plaintiff. If this is so, who is available to assist the plaintiff in any arbirtration? Because we did not know all the ''rules'' to seek legal help against this tenant, our case was dismissed because we hadn't filed a ''motion'' and we still do not understand what that is in relation to filing for a judgment against our tenant. We served the proper papers, were given a court date and case number. The arbitrator pointed out to the judge that because we had not filed a ''motion'', we did not have a case. Why didn't the arbirtator tell us (during the one sided arbitration) that we NEEDED a ''motion''. We were of the understanding that to file for a judgment did the same thing. Who arbitrates for the plaintiff?
2 Answers from Attorneys
Re: Plaintiff's issues ignored by ''arbitrator''.
It is unclear from your facts what exactly transpired. I suggest the following in the future: (1) Perhaps do not opt for arbitration in the future, only a court hearing; (2) Hire an attorney who will know when to file the required motions to appeal the arbitrator's ruling to superior court if arbitration is indeed required; and (3) try to deal with most of this "smaller" matters in small claims court where you will save on legal fees.
Re: Plaintiff's issues ignored by ''arbitrator''.
I think something must have gone terribly wrong during your arbitration. First of all, an arbitrator does not "arbitrate" for any one party. They act as a judge would in an informal setting, and the arbitrator's ruling can have the effect of a court decree/judgment.
Second, the arbitrator's job is to act as a neutral party and to decide the case impartially. If you can show the arbitrator violated their impartiality or somehow acted improperly, then perhaps you can get the decision vacated and have a new hearing. I caution you, this is highly unlikely to occur, but it is a possibility.
Finally, I have no idea what "motion" you were supposed to file that you did not. There are a lot of different things you may have needed to file, but failed to do so. It is not the arbitrator's job to warn you to do so.
Nevertheless, I think there are a lot of details that need to be fleshed out before I can give you an accurate idea of what can be done for you. For example, was this a tenant who you filed an unlawful detainer against? Why did you go to arbitration? Were you represented by counsel at the arbitration? Feel free to call me at (206) 223-9510. I hope this helps somewhat.
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