ITR-Realizing the Benefits of an Effective Multi-Arbitrator Tribunal

ITR-Realizing the Benefits of an Effective Multi-Arbitrator Tribunal-110213

Arbitrators’ Powers: Expansive, but Open to Challenge if Exceeded

An edited version of the following article appeared in the January 2013 edition of the King County Bar Bulletin.  P.E.C. Arbitrators’ Powers:  Expansive, but Open to Challenge if Exceeded By Phil Cutler © 2012  Like judges, arbitrators have broad powers when managing and deciding cases.  But their powers are limited by the agreement to arbitrate […]

Disclosure form – Mediations and Arbitrations

Disclosure form – Mediations and Arbitrations

Arbitration Disclosure Form

I use this form to make disclosures in AAA-administered arbitrations and mediations. I use a substantially similar form in private or court-annexed mediations and arbitrations and arbitrations administered by FINRA DR. Phil Cutler March 2013 Arbitrator [Mediator] Disclosures of Philip E. Cutler Consistent with the [CODE OF ETHICS FOR ARBITRATORS IN COMMERCIAL DISPUTES (AAA and […]

Private Arbitration Agreement

Private Arbitration Agreement

The Mediation-Arbitration Option

While most parties choose to resolve disputes by either mediation or arbitration (or litigation), there is a hybrid process – known as Med-Arb – that parties occasionally prefer. As its name implies, the parties first mediate and then, if and only if they are unable to resolve all issues by settlement, the mediator changes hats […]

Sample Arbitration Submission Agreement

While arbitration is a recognized dispute resolution process – particularly in the business-to-business context – it is fundamentally a creature of contractual agreement among the parties and a written agreement to arbitrate is required.  See, e.g., RCW 7.04A.060.  The agreement to arbitrate may be entered into pre-dispute or after a dispute has arisen.  The following […]

Doing Business in Washington? Understand the ADR Options.

ADR IN WASHINGTON – Chapter 28 of “Doing Business in Washington” (5th ed., WSBA International Section) I was asked to author the chapter on Alternative Dispute Resolution for the 5th edition of “Doing Business in Washington”, published (fall 2010) by the WSBA International Section in conjunction with the Washington Department of Commerce.  I also authored […]

Private Mediation Agreements

USAGE NOTE: I use an agreement like this in all private mediations. Private Mediation Agreement

General Mediation Information

General Information About Our Mediation Business Terms Unless we agree otherwise, you will be charged $400/hr (my normal hourly rate) for my mediation services, including time spent in the mediation conference as well as time spent in preparation and for any follow-up that I believe is warranted. I will absorb routine “costs” (fax, photocopying, etc.) […]