River House Development, Inc. v. Integrus Architecture

¶1 A contractual right to mediate or arbitrate a dispute may be waived, including by pursuing litigation. River House Development Inc. appeals the trial court’s determination that it waived its right to mediate and then arbitrate a construction dispute with its architect by filing what River House contends was a protective lawsuit, engaging in discovery and discovery motion practice, and participating in and complying with the court’s scheduling procedures.

¶2 We hold that whether the right to arbitrate has been waived by litigation conduct is an issue to be resolved by the court, not the…