Munsey v. Walla Walla College - Division Three, Panel Four Court of Appeals of Washington

Munsey v. Walla Walla College

By Division Three, Panel Four Court of Appeals of Washington

  • Release Date: 1995-12-12
  • Genre: Law
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Munsey v. Walla Walla College Division Three, Panel Four Court of Appeals of Washington Book Review Score: ★★★★★ 5/5 stars

SWEENEY, J.--Walla Walla College (College) and a number of former employees and students (Claimants) agreed, in writing, to arbitrate claims of sexual discrimination, sexual harassment, and infliction of emotional distress asserted by the Claimants. The Claimants, however, failed to pay their half of a required arbitration fee by the October 29, 1993 deadline set by Washington Arbitration & Mediation Service, Inc. (WAMS). As a result, WAMS struck the dates tentatively scheduled for the arbitration--December 8 and 9. The Claimants paid their share of the fee on November 16, and demanded that the College proceed with the arbitration. The College refused, citing the failure of the Claimants to pay their share of the arbitration fee in a timely manner, and also their failure to respond to discovery requests within the time frame set out in the arbitration agreement. The WAMS Arbitration Fee Schedule provided that "failure to [pay fees] may result in postponement or cancellation." The arbitration dates set by WAMS were described as "tentative" and WAMS also told the parties that "if you choose to reschedule this case for arbitration with [the arbitrator], it will still be necessary to prepay the estimated arbitration fees before a new date can be confirmed."

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