The Arbitration Award and What Happens Next
The arbitration hearing is over, everyone logs off, and then — usually — nothing happens for a couple of weeks. That quiet stretch after the hearing can be unnerving if you do not know what to expect. Here is how the arbitrator’s decision, called the award, comes down, and what the days that follow actually involve.
Disclaimer: This post is intended for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult with a qualified personal injury attorney.
When the Award Arrives
Arbitrators rarely rule on the spot. In the large majority of cases, the arbitrator takes the evidence, goes back to review everything, and issues a written award afterward. Under the court rules, the arbitrator generally files the award within 14 days of the hearing. In unusually long or complex cases, the court may allow up to 14 additional days. If an award comes in a little later than expected, that alone does not make it invalid.
The award usually arrives by email these days, though it can also come by mail, which takes longer. The document itself states the amount the arbitrator has decided, and it may separately list taxable costs, so the total figure can be slightly higher than the core damages number. It is worth reading the award carefully with your attorney to understand how it breaks down, because that breakdown can matter for the decisions that follow.
Occasionally an arbitrator will ask for something more before ruling — additional briefing on a legal question, or supplemental declarations or evidence on a point that came up at the hearing. This is not common, but when it happens it simply means the decision arrives a little later than the usual two-week mark.
The Window That Opens Next
Once the award is filed, a short and strict clock begins. Either party who is dissatisfied may request a trial de novo — essentially a new trial in superior court. That request must be both filed and served within 20 days. This period runs after the arbitrator files proof of service of the later of the award itself or a timely decision on costs and attorney fees, and it cannot be extended. There is no additional grace period for mailing. Because the deadline is firm, everyone involved watches it closely.
If that window passes and no one has properly requested a trial de novo, the award becomes final.
Judgment Versus Settlement
When no trial de novo is requested, the case is typically resolved by reducing the award to a judgment. It is worth understanding how that differs from a settlement, because the two are not the same thing.
- A settlement usually involves signing a release and often comes bundled with additional terms and conditions negotiated between the parties.
- A final award, by contrast, can be entered as a judgment and then paid. When a judgment is paid, the satisfaction of judgment is ordinarily executed by the judgment creditor — the party owed the money — that party’s attorney of record, or an assignee; and if payment is made through the court, the clerk notes the satisfaction on the record. There is no release to sign and none of the extra negotiated terms.
Sometimes the parties do choose to settle for the amount of the award instead, which is a legitimate path with its own reasons — for instance, when there is a good reason to resolve the case by agreement rather than by judgment. But when the 20 days pass without a trial-de-novo request, a party who simply wants to pay generally does not need a negotiated release to do so. Which route makes sense in a particular case can involve considerations that are not obvious from the outside, so it is a conversation worth having with your attorney rather than assuming one path is automatically better.
Talk Before You Assume Anything Is Final
The period right after an award can be an active one. It is not unusual for the other side to reach out during this window, sometimes raising the possibility of a trial de novo as part of the conversation. Whether any post-award discussion makes sense depends entirely on the specifics of your case, the numbers involved, and the risks on both sides. This is a moment to talk carefully with your attorney rather than to react quickly, because the decisions here can carry real consequences, including the cost exposure that comes with a trial de novo. There is a separate post in this series devoted to trial de novo and how that risk works.
Final Thoughts
The award stage is mostly a waiting game followed by a few important decisions. Expect the written award within roughly two weeks of the hearing, know that a firm 20-day window follows, and understand the difference between letting an award become a judgment and negotiating a settlement. Knowing the sequence in advance makes the quiet period after the hearing far less stressful.
If you have received an arbitration award and are unsure what your next step should be, we would be glad to help you think it through. Reach out to schedule a consultation. We assist injured people throughout Washington State.
