Disclosure form – Mediations and Arbitrations

Disclosure form – Mediations and Arbitrations

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.) […]

A Primer on Dispute Resolution Clauses in Business Agreements– Key Drafting Considerations

  © 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 […]

Practice Pointers for the Lawyer Advising Clients in Mediation-A Mediator’s Perspective

Just as mediation is an art, not a science, there is an art to advocacy in mediation.  I have developed the following “pointers” during the course of over 30 years as a trial lawyer in complex commercial and business disputes, and 25-plus years serving as mediator in such cases.  Although they reflect my personal experience […]

Suggested Format for an Agreed Mediation Plan Under the King County Superior Court Early Mediation Pilot Project

Below is my suggested format for an agreed mediation plan to be filed in those King County cases slected for the Early Mediation Pilot Program. A Word version is available here: Agreed Mediation Plan ****************************** SUPERIOR COURT OF WASHINGTON FOR KING COUNTY CAPTION AGREED MEDIATION PLAN COME NOW the parties to this case, by and […]

King County Superior Court Early Mediation Pilot Project

Historically, only 3-5% of civil cases filed in King County Superior Court proceed to trial. Some are disposed of on motion, some plaintiffs simply withdraw their complaint; most are resolved by settlement – often through mediation. While mediation offers a proven and effective means of resolving a dispute prior to trial, the later it occurs […]

Memo to Client Re: Mediation

WHAT IS MEDIATION? Mediation is a process. The mediator attempts to facilitate an out-of-court settlement between the parties by building upon areas of common agreement and by challenging the parties and their lawyers to think critically about the case, potential outcomes, and the business and other risks which attend continued pursuit of the lawsuit. WHY […]

Mediation Confidentiality Agreement

USAGE NOTE: I ask all persons who participate in a private mediation (whether in person or by telephone) to sign a document such as the below. I will provide a copy of the fully signed agreement to all participants. Mediation Confidentiality Agreement

General Mediation Requirements

For Phil Cutler WHAT WHEN Pre-Mediation Settlement Conference Before mediation conference Counsel for the parties (or the parties themselves) should meet at least once prior to the mediation and engage in a good faith attempt to negotiate a settlement of the action. Unless the parties have attempted to settle their dispute on their own, a […]