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                            ENGROSSED SENATE BILL 5063

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State of Washington              52nd Legislature             1991 Regular Session

By Senators Nelson, Hayner and Thorsness.

Read first time January 17, 1991.  Referred to Committee on Law & Justice.Setting an award cap for mandatory arbitration.

     AN ACT Relating to mandatory arbitration; reenacting and amending RCW 7.06.020; and adding new sections to chapter 7.06 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 7.06.020 and 1987 c 212 s 101 and 1987 c 202 s 127 are each reenacted and amended to read as follows:

     (1) All civil actions, except for appeals from municipal or district courts, which are at issue in the superior court in counties which have authorized arbitration, where the sole relief sought is a money judgment, and where no party asserts a claim in excess of fifteen thousand dollars, or if approved by the superior court of a county by two-thirds or greater vote of the judges thereof, up to thirty-five thousand dollars, exclusive of interest and costs, are subject to mandatory arbitration.

     (2) If approved by majority vote of the superior court judges of a county which has authorized arbitration, all civil actions which are at issue in the superior court in which the sole relief sought is the establishment, termination or modification of maintenance or child support payments are subject to mandatory arbitration.  The arbitrability of any such action shall not be affected by the amount or number of payments involved.

(3) In no event may an award in a single arbitration under these rules exceed thirty-five thousand dollars, exclusive of interest and costs.

NEW SECTION. Sec. 2.  A new section is added to chapter 7.06 RCW to read as follows:

     Any arbitrator appointed under this chapter is immune from suit in any civil action based on any proceedings or other official acts performed in their capacity as arbitrators, except for acts or willful or wanton misconduct.

NEW SECTION. Sec. 3.  A new section is added to chapter 7.06 RCW to read as follows:

     All memoranda, work notes or products, or case files of an arbitrator are confidential and privileged and are not subject to disclosure in any civil judicial or administrative proceeding, except when the willful or wanton misconduct of the arbitrator is at issue.