By Phil Cutler Cutler Nylander & Hayton PS 1191 Second Avenue Seattle, WA 98101 philcutler@cnhlaw.com 206-340-4600 Philip E. Cutler © 2011 For over 20 years I have presided over or participated as a panelist in hundreds of arbitrations. Those experiences have shown me the good, the bad and the ugly. Quite frankly, there are many more seriously egregious…
© 2011, Philip E. Cutler Cutler Nylander & Hayton, P.S. 1191 Second Avenue, Suite 1650 Seattle, WA 98101 Telephone: (206) 340-4600 Facsimile: (206) 340-4646 Email: philcutler@cnhlaw.com Website: www.cnhlaw.com Phil Cutler is a principal in the Seattle law firm Cutler Nylander & Hayton, P.S., where his practice emphasizes trial and appellate practice and dispute resolution,…
By Phil Cutler[1]
From the earliest days of the Washington Territory, arbitration has been a recognized method of dispute resolution in our state;[2] the Legislature enacted Washington’s first arbitration act in 1869.[3] Historically, arbitration has been popular, especially among businesses; notwithstanding its higher forum costs (the parties pay not insignificant filing fees and bear the cost of compensating the arbitrator), it offered parties a number of benefits not available in a litigation forum: the opportunity to select the decision-maker, usually someone experienced in resolving business disputes; confidentiality; an early opportunity for a hearing on the merits; and a final award, not subject to interminable appeals. Moreover, arbitration was a more expeditious and less expensive alternative to litigation, largely because “discovery” and motions practice in arbitration were limited and parties had no need for significant case preparation time.
USAGE NOTE: The below represents the general form and content of the order I normally enter in AAA-administered arbitrations – where I am the sole arbitrator – following the initial preliminary hearing with the parties/counsel. It should be read in conjunction with the agenda letter and agenda I send out prior to the initial preliminary hearing. I use a substantially…