Hudson v. Hapner

¶1 We granted discretionary review to consider whether a party who requests a trial de novo after *283arbitration, obtains an unfavorable judgment at trial, and then successfully appeals that judgment may, before the second trial, withdraw his request for the trial de novo. Because the policy behind Mandatory Arbitration Rule (MAR) 7.3 requires us to favor the original arbitration award over continued litigation, we hold that the party may withdraw the request; therefore, we reverse the trial court’s order striking the withdrawal of the trial de novo request and we remand for entry of judgment on…