If the parties are unable to reach an agreement, they can negotiate through TEDRA mediation and arbitration. An interested party may initiate TEDRA mediation or arbitration by filing a subpoena and a request, identifying the dispute and requesting the circumstance. During mediation, the parties negotiate a solution with the help of a trained mediator. If mediation fails, a party may file an arbitration claim and assign it to all parties involved. In arbitration proceedings, the parties involved must submit their arguments to an arbitrator who then makes a decision on the settlement of the dispute. Either party may appeal the arbitrator`s decision to the higher court. TEDRA has given real estate practitioners a clear framework for conflict management. TEDRA must enable timely, complete and final decisions to be made in matters of trust, estate and non-succession. TEDRA provisions can help you resolve disputes through mediation, arbitration and agreements. The objective of RCW 11.96A.220 to 11.96A.250 is to establish a binding out-of-court procedure to resolve issues through written agreements between the parties interested in the succession or trust. The procedure complements and cannot deviate from other procedures or provisions approved by law or customary law.
A TEDRA agreement definitively resolves the trust or estate case covered by the agreement. RCW 11.96A.220 provides in part: on appeal, the Court of Appeal found that “the Court of Justice erred in concluding that the March TEDRA Agreement could not be modified by the August TEDRA Agreement” and stated that “parties who had initially obtained an out-of-court solution to a case involving a trust or estate, to subsequently amend their agreement, whether the original agreement or a memorandum of understanding to the court is undoubtedly in the intention and purpose of TEDRA. » 182 Wn App. 692, 712-713. If a party representing another biased party according to RCW 11.96A.120 virtually, signs the agreement, the signature of the party represents the signature of all persons virtually representing the party, and all persons represented virtually are bound by the agreement. . . .